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
Designated for publication Stewart, J. (Davis, Jones, Stewart) (no oral argument), appellate jurisdiction, receivership, mootness Affirming district court’s judgment approving sale of one property in receiver-managed sale, while dismissing appeal as to another sale order and as to settlement-ratification orders. The SEC sued Timothy Barton for alleged violations of the Exchange Act and the Securities … More March 25, 2026, opinions
Designated for publication Smith, J. (Smith, Wiener, Higginson) (oral argument), criminal, sentencing, equal protection clause Affirming conviction and 30-year sentence for production and attempted production of child pornography. Nautica Hamilton, a day care worker at the Lubbock YWCA, pleaded guilty to production and attempted production of child pornography after photographing the genitalia of an 18-month-old … More March 17, 2026, opinions
Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), Haynes, J., “simply joins in the denial” without separate concurring opinion; class action, mandamus, Fair Labor Standards Act Denying writ of mandamus from district court’s certification of collective action under the Fair Labor Standards Act. The Fifth Circuit denied the employer’s petition for a … More March 10-11, 2026, opinions
Designated for publication Summerhays, J. (Jones, Engelhardt, Summerhays, by designation) (oral argument), maritime law Affirming summary judgment for vessel owner on longshore worker’s claim of vessel negligence. Balvina Renteria, a longshore worker unloading cargo from the M/V Star Juventas, fell about ten feet when she stepped on plastic sheeting covering a gap between stacked rolls … More March 6, 2026, opinions
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
Designated for publication per curiam (voting for en banc rehearing: Jones, Smith, Ho, Duncan, Engelhardt, Oldham; voting against en banc rehearing: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Wilson, Douglas, Ramirez), Jones, J., dissenting from denial of en banc rehearing (joined by Smith, Ho, Duncan, Oldham), Higginson, J., concurring in denial of en banc … More February 27, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (oral argument), Telephone Consumer Protection Act Affirming summary judgment dismissal of TCPA claim. Bradford sued, claiming that prerecorded calls the company made to his cell phone violated the TCPA because they lacked “prior express written consent” and constituted telemarketing. The panel held that (1) the TCPA itself … More February 25-26, 2026, opinions
Designated for publication Wilson, J. (King, Higginson, Wilson) (no oral argument), immigration, Religious Freedom Restoration Act, res judicata Withdrawing December 15, 2025, opinion and substituting new opinion affirming dismissal of challenge to denial of visa for foreign student plaintiff sought to sponsor under the Religious Freedom Restoration Act, but in change from original panel opinions … More February 12-13, 2026, opinions
Designated for publication Smith, J. (Elrod, Smith, Wilson) (oral argument), civil rights, injunction, appellate jurisdiction Dismissing for lack of appellate jurisdiction appeal from denial of motion to dismiss or strike plaintiffs’ motion to modify a desegregation injunction for the Parish School Board. The case arises from a long-running school desegregation injunction imposed on the School … More February 10, 2026, opinions
