Designated for publication en banc (oral argument at panel stage); en banc, standing, preemption, First Amendment Granting en banc rehearing of July 24, 2026, panel opinion (Higginbotham, Ho, Douglas; Ho, J., dissenting in part) that had affirmed preliminary injunction of Texas social media regulation statute as to monitoring and filtering requirements as preempted by federal … More October 28, 2026, opinions
Designated for publication Higginson, J. (Haynes, Higginson, Ho) (oral argument), standing, breach of contract, Federal Wiretap Act Reversing dismissal of suit based on use of Meta “Pixel” on defendant’s website, on standing grounds, and remanding. Eyemart Express operates retail stores and a website where customers browse products, purchase prescription eyewear, and schedule eye exams. Eyemart … More October 23, 2026, opinions
Designated for publication Higginson, J. (Southwick, Higginson, Douglas) (oral argument), Freedom of Information Act, administrative law Reversing in part summary judgment for FEMA on plaintiff organization’s FOIA challenge, reversing dismissal of case with prejudice, finding that additional record development was required to determine equitable relief, and remanding for further development of the record. La Unión … More October 22, 2026, opinions
Designated for publication per curiam (Smith, Higginson; decided by quorum as Judge Wiener was originally on panel but did not participate in decision) (oral argument); Rule 59; attorney misconduct; juror statements; First Amendment Vacating judgment for defendant on First Amendment claims by member of public whose comments at Parish Council meeting were cut off. Joy … More October 16, 2026, decisions
Designated for publication en banc per curiam (coting against rehearing: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez; voting for rehearing: Jones, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (no oral argument); Richman, J., concurring in denial of rehearing; Ho, J., dissenting from denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined … More October 9-10, 2026, opinions
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 Oldham, J. (Wiener, Engelhardt, Oldham) (oral argument), First Amendment, standing, mootness Affirming permanent injunction against restriction on film projection, reversing dismissal on standing grounds of plaintiff’s facial overbreadth challenge, and remanding for further proceedings. University of Mississippi film professor John Rash sought to host PROJECT(ion), a free nighttime public art event projecting … More September 17, 2026, opinions
Designated for publication Jones, J. (Higginbotham, Jones, Southwick) (no oral argument), Toxic Substances Control Act, administrative law Granting industry petitioner’s petition for review of EPA rule, vacating rule, and remanding to EPA. Methylene chloride (MC) is a volatile chemical solvent widely used in adhesives, automotive products, and paint removers. EPA determined that nearly all uses … More September 15-16, 2026, opinions
Designated for publication Higginbotham, J. (Higginbotham, Willett, Ho) (oral argument prior to certification to state supreme court), statutory immunity, personal tort Upon receiving state supreme court opinion after June 25, 2025, certification of question regarding statutory immunity, reversing district court’s ruling that defendant had immunity and remanding for further proceedings. The Breauxs and the Blanchards … More September 9, 2026, opinions
Designated for publication Graves, J. (Stewart, Graves, Oldham) (oral argument), Oldham, J., dissenting; magistrate referral, recusal Affirming vacatur of referral to magistrate for trial of contractual dispute between port and wharf tenant after trial had already resulted in verdict for plaintiff tenant company. IFG Port Holdings sued the Lake Charles Harbor & Terminal District (the … More September 8, 2026, opinions
