Tag: guilty plea

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

October 30-31, 2025, opinions

November 3, 2025

Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (oral argument), Haynes, dissenting in part; timeliness, personal torts Affirming dismissal as untimely of claims brought under Texas law, originally in Texas state courts but then removed, for monetary damages arising from chemical explosions at defendant’s facility, where original action was certified as to injunctive relief class … More October 30-31, 2025, opinions

October 16, 2025, opinions

October 17, 2025

Designated for publication Douglas, J. (Wiener, Douglas, Ramirez) (oral argument), Ramirez, J., dissenting; habeas corpus, speedy trial, Sixth Amendment, AEDPA Reversing denial of § 2254 petition and remanding with instructions to issue writ of habeas corpus regarding petitioner’s speedy trial claim arising from the elapsing of 1,233 days between his arrest and his state court … More October 16, 2025, opinions

October 3, 2025, opinions

October 5, 2025

Designated for publication Southwick, J. (Higginbotham, Jones, Southwick) (oral argument), insurance Affirming dismissal of claims that insurance company’s cancelation procedures did not comply with Louisiana statutory requirements and breached the duty of good faith and fair dealing. The Fifth Circuit considered whether GoAuto Insurance and its premium finance company, APAC, complied with Louisiana’s statute governing … More October 3, 2025, opinions

October 1-2, 2025, opinions

October 3, 2025

Designated for publication per curiam (Stewart, Dennis, Haynes) (oral argument), criminal, evidence, sufficiency of evidence, sentencing Affirming conviction and 293-month sentence for drug trafficking and distribution offenses and possession of child pornography. Sean Shaughnessy appealed his conviction and sentence after a jury found him guilty of two drug-conspiracy counts, one drug-distribution count, and one count … More October 1-2, 2025, opinions

September 11, 2025, opinions

September 12, 2025

Willett, J. (Dennis, Willett, Duncan), remand Reversing waiver-based order of remand based on defendant’s participation in state court proceedings. The Fifth Circuit revisited a waiver-based remand dispute after the en banc court had cleared out circuit precedent that the panel had held tied its hands on an earlier review. Edward Festeryga, sued in Texas state … More September 11, 2025, opinions

August 26, 2025, opinions

August 27, 2025

Designated for publication Clement, J. (Stewart, Clement, Wilson), criminal, sentencing Affirming 92-month sentence on conviction of possession of a firearm by a felon. Reginald Humbles, a U.S. Army veteran with a history of psychiatric issues, was arrested after stealing a waste disposal truck in New Orleans and leading police on a high-speed chase across the … More August 26, 2025, opinions