Designated for publication Richman, J. (Richman, Oldham, Ramirez) (oral argument withdrawn), Oldham, J., dissenting; maritime law, expert witness, toxic tort Affirming summary judgment for defendant in maritime toxic tort arising from Deepwater Horizon disaster. Richard DuFour, Jr. worked nearly three years as a cleanup worker following the 2010 Deepwater Horizon oil spill in Pascagoula, Mississippi, … More October 27, 2026, opinions
Designated for publication Smith, J. (Smith, Haynes, Enhelhardt) (oral argument), timeliness, Americans with Disabilities Act Reversing dismissal of ADA claim as time-barred, holding that claim was tolled under American Pipe. James Bien worked for Union Pacific as a locomotive train conductor. After failing two color vision tests in 2013, he was removed from his conductor … More October 26, 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 Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), Second Amendment, standing, Commerce Clause, Federal Switchblade Act Reversing dismissal of claim that § 1242 of the Federal Switchblade Act was unconstitutional under the Second Amendment, affirming dismissal of facial challenge to § 1243 of the Act, and remanding for further proceedings. Knife Rights, Inc., … More October 21, 2026, opinions
Designated for publication per curiam (Higginson, Willett, Oldham) (no oral argument), Oldham, J., concurring in judgment; judgment execution, appeal bond Denying motion to apply Texas-law cap to supersedeas bond amount to stay a judgment pending appeal. A jury returned a verdict against members of the Mulacek family, and the district court entered a judgment exceeding … More October 13, 2026, opinions
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 Douglas, J. (Clement, Oldham, Douglas) (oral argument withdrawn), breach of contract, expert witness, mandate Affirming defense judgment after bench trial on remand from reversal of earlier summary judgment for defendant. Energy trading firm MIECO contracted with natural gas producer Pioneer for the daily sale of 20,000 million British thermal units of natural … More October 8, 2026, opinions
Designated for publication Douglas, J. (Jones, Duncan, Douglas) (oral argument), standing, subject matter jurisdiction, administrative law Affirming dismissal of suit challenging final rules of the Department of Energy under the Energy Policy and Conservation Act, holding that the Circuit Courts Appeals had exclusive jurisdiction over such judicial review challenged under the EPCA, to the exclusion … More October 6-7, 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
