Tag: guilty plea

March 9, 2026, opinions

March 12, 2026

Designated for publication Engelhardt, J. (Higginson, Willett, Engelhardt) (oral argument), Willett, J., concurring in part; class action, employment, Americans with Disabilities Act Affirming district court’s rejection of two proposed classes and certification of one modified subclass of United Airlines employees who sought religious accommodations from COVID-19 vaccine mandate and who were accommodated with unpaid leave. … More March 9, 2026, opinions

March 4-5, 2026, opinions

March 7, 2026

Designated for publication Davis, J. (Davis, Jones, Stewart) (no oral argument), criminal Affirming conviction of possession of a firearm by a felon. Lester Landrum pleaded guilty but preserved constitutional challenges to the statute, arguing that it violates the Second Amendment (both facially and as applied), the Equal Protection Clause, the Commerce Clause, and that it … More March 4-5, 2026, opinions

February 4-5, 2026, opinions

February 6, 2026

Designated for publication Duncan, J. (Haynes, Duncan, Ramirez) (oral argument), sec. 1983 Affirming dismissal of claims of family of man who died during self-defense exercise in police cadet training. The court affirmed the district court’s dismissal of all § 1983 claims brought by Brittney Kennedy on behalf of her late husband, Marquis Kennedy, who suffered … More February 4-5, 2026, opinions

December 17, 2025, opinions

December 18, 2025

Designated for publication per curiam (en banc denial from Richman, Graves, Ramirez, JJ.) (voting for rehearing: Elrod, C.J., Jones, Smith, Oldham, JJ.; voting against rehearing: Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Englehardt, Wilson, Douglas, Ramirez, JJ.) (oral argument on original panel hearing), Ho, J., concurring in denial of rehearing; Oldham, J., dissenting … More December 17, 2025, opinions

December 9, 2025, opinions

December 12, 2025

Designated for publication Jones, J. (Jones, Stewart, Ramirez) (oral argument), Medicaid Vacating summary judgment for plaintiff hospitals in challenge to Department of Health and Human Services regulation “that penalizes hospitals in states that have pursued alternatives to Medicaid expansion,” and remanding for further proceedings. A group of Texas hospitals challenged a 2023 regulation issued by … More December 9, 2025, opinions

December 2, 2025, opinions

December 3, 2025

Designated for publication Clement, J. (Clement, Graves, Ho) (no oral argument), criminal, sentencing Vacating sentence in part and remanding for conformance of the written judgment of terms of supervised release with oral pronouncement. The Fifth Circuit confronted a recurring post-Diggles question: what should be done when a written judgment includes unpronounced discretionary conditions of supervised … More December 2, 2025, opinions

November 18-20, 2025, opinions

November 24, 2025

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

November 17, 2025, opinions

November 18, 2025

Designated for publication Higginson, J. (Southwick, Higginson, Wilson) (oral argument), bankruptcy Affirming district court’s holding that bankruptcy court properly sustained creditor’s objection to debtor’s claimed exemption of property from administration by bankruptcy estate, on basis that debtor waived his right to object to the untimeliness of the creditor’s objection to his claimed exemption. In 2019 … More November 17, 2025, opinions

November 13, 2025, opinions

November 15, 2025

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

November 3, 2025, opinions

November 4, 2025

Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Ho, J., concurring; False Claims Act, qui tam Affirming dismissal of qui tam action under False Claims Act. Inpatient-rehabilitation facilities (IRFs) provide intensive therapy to patients after hospital discharge and are reimbursed by Medicare per discharge, contingent on compliance with procedural rules such as … More November 3, 2025, opinions