Tag: Freedom of Information Act

October 22, 2026, opinions

October 23, 2026

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

March 26, 2026, opinions

March 27, 2026

Designated for publication Higginson, J. (Haynes, Higginson, Ho) (no oral argument), antitrust Reversing grant of state-action immunity on plaintiff’s Sherman Act claims against city. Megatel Homes sought to develop roughly 517 acres (the “Cipriani Property”) located outside the City of Mansfield’s corporate boundaries but within its extraterritorial jurisdiction. To obtain water, Megatel needed service from … More March 26, 2026, opinions

March 18, 2026, opinions

March 19, 2026

Designated for publication Duncan, J. (Haynes, Duncan, Ramirez) (oral argument), contract, bankruptcy, indemnification Affirming denial of plaintiff creditor’s objection to debtor’s reorganization plan. Midea, the manufacturer of Instapot cooking appliances, and Corelle operated under a 2016 master supply agreement (MSA) whereby Corelle placed individual purchase orders (POs) specifying price, quantity, packaging, and delivery terms. The MSA … More March 18, 2026, opinions

November 24, 2025, opinions

November 25, 2025

Designated for publication Duncan, J. (Smith, Graves, Duncan) (no oral argument), diversity jurisdiction, commercial litigation Affirming that diversity jurisdiction exists, and affirming summary judgment for lender/plaintiff holding defendants liable as guarantors for loans made by Appellees Cadence Bank and Century Bank. The Banks made two large loans to Bridgelink Engineering LLC (which the Johnsons managed) … More November 24, 2025, opinions

November 5, 2025, opinions

November 6, 2025

Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), immigration Denying Guatemalan citizen’s petitions for review of BIA denials of his motion to reopen removal proceedings and motion to reconsider. The Fifth Circuit denied Oscar Rene Rosa Arevalo’s petitions for review of the Board of Immigration Appeals’ denials of his motions to reopen … More November 5, 2025, opinions

August 7, 2025, opinions

August 10, 2025

Designated for publication per curiam (Elrod, Higginbotham, Smith), Clean Air Act, administrative law, Administrative Procedure Act, venue On remand from U.S. Supreme Court, original panel opinion from November 22, 2023 (Elrod, Smith, Higginbotham; Higginbotham, J., dissenting) (vacating EPA decision to deny refineries’ requested exemptions from the Renewable Fuel Standard program of the Clean Air Act), … More August 7, 2025, opinions

May 5, 2025, opinions

May 6, 2025

Designated for publication Douglas, J. (Smith, Higginson, Douglas), settlement agreement, jurisdiction In appeal from district court’s ruling on severed motions to enforce settlement agreements by parties in dispute arising from partnership agreement, remanding to district court to determine parties’ citizenship for purposes of diversity jurisdiction. The Court rejected party citizenship allegations supported merely “on information … More May 5, 2025, opinions

February 28, 2025, opinions

March 7, 2025

Designated for publication per curiam (voting against en banc rehearing: Elrod, Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Wilson, Douglas, Ramirez, JJ.; voting for en banc rehearing: Jones, Smith, Duncan, Engelhardt, Oldham, JJ.); Ho, J., concurring in denial of rehearing; criminal, sentencing, en banc Denying en banc rehearing of panel opinion (Elrod, Dennis, Higginson) … More February 28, 2025, opinions

July 10, 2023, opinions

July 11, 2023

Designated for publication Stewart, J. (Richman, Stewart, Douglas), prisoner suit Dismissing appeal of dismissal of Texas state prisoner’s suit against medical personnel, upon denying motion to proceed in forma pauperis under 28 U.S.C. § 1915(g) and upon failure to pay required filing fees. The Court held that the plaintiff has accumulated more than three strikes … More July 10, 2023, opinions

November 30, 2022, opinions

December 5, 2022

Designated for publication Oldham, J. (Barksdale, Engelhardt, Oldham), qualified immunity Denying petition for rehearing, and substituting June 17 decision with new decision, but still vacating district court’s boilerplate scheduling order that required discovery to move forward without first determining the issue of qualified immunity. The Court held that a scheduling order was appealable under the … More November 30, 2022, opinions