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
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
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
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
Designated for publication en banc (vote to grant en banc reh’g); Ho, J., concurring in grant of rehearing en banc; Higginson, J., dissenting from grant of rehearing en banc; en banc, immigration, due process, Alien Enemies Act, habeas corpus On September 2, the three-judge panel (Southwick, J., writing for the court; Ramirez, J., dissenting in … More September 30, 2025, opinions
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
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
Designated for publication Ho, J. (King, Ho, Ramirez), CARES Act, administrative law Affirming district court’s dismissal of plaintiff’s claim for forgiveness of CARES Act paycheck protection program loan for which plaintiff had not been eligible to begin with. The Paycheck Protection Program (PPP), created by Congress under the CARES Act during the COVID-19 pandemic, provided … More August 6, 2025, opinions
Designated for publication Ho, J. (Higginbotham, Willett, Ho), election law Reversing district court judgment that Texas election law requiring an ID number on the mail-in ballot application and on the mail-in ballot violated federal law, and rendering judgment for Texas official defendants. The Fifth Circuit upheld Texas’s Election Protection and Integrity Act of 2021, which … More August 4, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Engelhardt, Guidry, by designation), First Amendment, standing, qualified immunity Reversing dismissal of plaintiff’s First Amendment pre-enforcement challenge to Texas Election Code for lack of standing; affirming dismissal of claims against defendants in individual capacities as barred by qualified immunity; and remanding for further proceedings. The Institute for Free Speech … More July 28-29, 2025, opinions
