Designated for publication Engelhardt, J. (Smith, Haynes, Engelhardt) (oral argument), Haynes, J., dissenting; criminal, sentencing Vacating sentence of two consecutive 30-year terms for production of child pornography, and remanding for resentencing. David Koan pled guilty to two counts of production of child pornography under 18 U.S.C. § 2251(a). He had previously been sentenced in Texas … More October 1-2, 2026, opinions
Designated for publication per curiam (en banc), immigration, die process, en banc In relation to the en banc rehearing of the July 2 opinion affirming that immigrants’ due process rights were violated by detention more than 90 days without bond hearings, which rehearing was ordered quickly on the heels of the panel opinion, on July … More July 21, 2026, opinions
Unpublished decisions per curiam (Smith, Willett, Ramirez) (no oral argument), insurance Affirming judgment in favor of insurer in claim on fidelity policy for a loss from financial fraud. Blue Compass RV paid over $1.25 million on a construction invoice using banking information it received through a fraudulent email impersonating its contractor, SPD Construction. It sought … More June 5, 2026, opinions
Designated for publication per curiam (en banc: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ., voting against rehearing; Jones, Smith, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., voting for rehearing) (oral argument at panel stage); election law, standing, sovereign immunity, en banc Denying rehearing en banc of December 31, 2025, panel opinion (Richman, … More June 1, 2026, opinions
Designated for publication Jones, J. (King, Jones, Oldham) (oral argument), bankruptcy, jurisdiction, breach of contract Reversing bankruptcy court’s dismissal of breach of contract action, and remanding to bankruptcy court with instructions to remand to state court. The Fifth Circuit reverses a bankruptcy court’s Rule 12(c) dismissal and a district court affirmance, holding the bankruptcy court … More November 13, 2025, opinions
Designated for publication Smith, J. (Smith, Stewart, Ramirez) (no oral argument), § 1983, Fair Debt Collection Practices Act, default judgment Affirming district court’s denial of default judgment on plaintiffs’ FDCPA and constitutional claims against defendants arising from eviction from public housing, where “all defendants appeared before the district court, filed an answer, or moved to … More November 4, 2025, opinions
Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ.; voting for en banc rehearing: Richman, Elrod, Graves, Ho, Douglas, JJ.; recused: Ramirez, J.); Graves, J., dissenting from denial of en banc rehearing; ERISA Denying en banc rehearing of panel opinion reversing district … More March 15, 2024, opinions
Designated for publication Engelhardt, J. (King, Duncan, Engelhardt), criminal, Sixth Amendment, speedy trial, COVID-19, sufficiency of evidence Affirming conviction of five counts from a 2011 indictment charging defendant and co-conspirators with “offenses arising from a well-orchestrated scheme to circumvent American export controls designed to prevent dual use commodities—goods with both civilian and military applications—from falling … More September 6, 2022, opinions
Brackeen v. Haaland, 18-11479, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Wiener, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham), Indian Child Welfare Act, standing, Administrative Procedures Act No one principal opinion commanded a majority of the en banc Court as to the constitutionality of the Indian Child Welfare … More Take the Fifth: April 6 and 7, 2021 opinions
Designated for publication Wickfire, LLC v. Woodruff, 17-50340, appeal from W.D. Tex. Owen, C.J. (Owen, Dennis, Southwick), sufficiency of evidence, jurisdiction, Lanham Act, tortious interference, civil conspiracy Affirming in part and reversing in part district court judgment based on jury verdict on cross-claims between two internet advertising ventures arising from auctions for Google ad placement … More Take the Fifth: Feb. 26, 2021 opinions
