Designated for publication per curiam (Wiener, Willett, Douglas) (oral argument on original setting, prior to Supreme Court remand); Federal Tort Claims Act On remand from U.S. Supreme Court, affirming dismissal of plaintiff’s tort claims arising from refusal to deliver mail, modified to be dismissal without prejudice. Lebene Konan alleged that USPS mail carrier Raymond Rojas … More September 3, 2026, opinions
Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument at original panel stage), preemption, taking, Contracts Clause Granting petition for panel rehearing and substituting for February 9, 2026, panel opinion, affirming summary judgment for Louisiana on pharmaceutical companies’ and trade group’s challenge to Louisiana statute on drug purchases. Pharmaceutical manufacturers AbbVie, AstraZeneca, and trade … More July 1-7, 2026, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Oldham) (oral argument), immigration, Administrative Procedures Act, timeliness Affirming dismissal of claims arising from denial of issuance of passport to plaintiff on basis of failure to prove citizenship. Hector Cortez claims he was born in Laredo, Texas. About a decade ago, he used his U.S. passport to travel … More May 18, 2026, opinions
Designated for publication Jones, J. (Jones, Duncan, Douglas) (no oral argument), Americans with Disabilities Act Affirming dismissal of ADA claims. Albert Hayes worked as an IT systems administrator for Army contractor GStek at Fort Polk. After COVID-era telework ended and he was required to return to the office, Hayes was diagnosed with Autism, Major Depressive … More May, 8, 11, 12, 2026 opinions
Designated for publication Summerhays, J. (Jones, Engelhardt, Summerhays, by designation) (oral argument), maritime law Affirming summary judgment for vessel owner on longshore worker’s claim of vessel negligence. Balvina Renteria, a longshore worker unloading cargo from the M/V Star Juventas, fell about ten feet when she stepped on plastic sheeting covering a gap between stacked rolls … More March 6, 2026, opinions
Unpublished decisions per curiam (Richman, Southwick, Willett) (no oral argument), Federal Tort Claims Act, service of process Affirming dismissal of FTCA claim for lack of sufficient service of process. per curiam (Stewart, Graves, Oldham) (no oral argument), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (Smith, Haynes, Oldham) (no oral argument), § … More February 16, 2026, opinions
Designated for publication per curiam (Southwick, Higginson, Douglas) (no oral argument), sec. 1983, personal torts, municipal liability, prosecutorial immunity Affirming dismissal of claims for negligence and arising under sec. 1983 against various defendants, arising from serious car accident. The appellants, Madelyn Marina Quiroz and her mother, sued a host of defendants after Madelyn was catastrophically … More December 30-31, 2025, opinions
Designated for publication Richman, J. (Smith, Dennis, Richman) (oral argument), Dennis, J., concurring; criminal, sentencing Affirming conviction and concurrent five-year and life sentences for conspiracy to stalk and cyberstalking using a dangerous weapon and resulting in death; but vacating conviction and consecutive life sentence for using, carrying, brandishing, and discharging a firearm during a crime … More December 10-11, 2025, opinions
Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Federal Tort Claims Act Affirming dismissal of FTCA claims. The Fifth Circuit reviewed pro se claims brought by Howard and Theresa Ellsworth under the Federal Tort Claims Act (FTCA), arising from alleged negligent diabetes treatment Mr. Ellsworth received at VA facilities between 2016 and … More November 18-20, 2025, opinions
Designated for publication Engelhardt, J. (Dennis, Southwick, Engelhardt) (oral argument), Dennis, J., dissenting in part; First Amendment, sovereign immunity, standing Vacating injunction entered on First Amendment pre-enforcement challenge brought by drag performer and organizations against Texas law regulating “sexually oriented performances on public property and in the presence of minors”; and remanding for further proceedings. … More November 6, 2025, opinions
