international law – Take the Fifth

June 30, 2026, opinions

July 3, 2026

Designated for publication Duncan, J. (Jones, Duncan, Douglas), Douglas, J., dissenting (oral argument); administrative law, nondelegation doctrine, Seventh Amendment, major questions doctrine Granting petition for review of HHS enforcement order imposing fine for selling of unauthorized vaping products, and vacting decision. Texas Tobacco Barn (TTB), a Lubbock, Texas vape shop, applied for FDA premarket authorization … More June 30, 2026, opinions

May 14, 2026, opinions

May 15, 2026

Designated for publication Graves, J. (Elrod, Higginbotham, Graves) (no oral argument), international law Affirming summary judgment dismissal of international law claims arising from death on international flight, to the extent the claims arise from theories of imperfect medical response, but reversing summary judgment to the extent claims arise from malfunctioning medical equipment. Fourteen-year-old Kevin Greenidge … More May 14, 2026, opinions

April 22, 2026, opinions

April 23, 2026

Designated for publication Clement, J. (Clement, Graves, Ho) (oral argument), First Amendment, sec. 1983 Affirming dismissal of sec. 1983 claims arising from court’s limits on release of bail bond orders. Scott Martin operates Pronto Direct Mail Marketing, Inc., a company that for decades collected criminal defendants’ contact information from publicly available bail bond orders in … More April 22, 2026, opinions

February 21, 2025, opinions

February 24, 2025

Unpublished per curiam (King, Southwick, Engelhardt), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Higginbotham, Jones, Oldham), personal tort Affirming dismissal of IIED claims. per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Dennis, Ho, Oldham), civil rights Affirming denial of motion to … More February 21, 2025, opinions

August 26-27, 2024, opinions

August 28, 2024

Designated for publication Southwick, J. (Stewart, Dennis, Southwick), securities fraud Denying second petition for en banc rehearing, no active-duty judge having requested a poll, and re-issuing mandate. The Court held that the district court judge’s finding of unclean hands, such that no setoff was awarded, rather than the unclean-hands issue going to the jury, was … More August 26-27, 2024, opinions

May 23-29, 2024, opinions

May 30, 2024

Designated for publication per curiam (Richman, Higginbotham, Willett), Richman, C.J., dissenting in part; securities law, fraud, breach of contract Affirming summary judgment dismissal of extracontractual and Texas Securities Act fraud claims; but reversing summary judgment on federal securities law and Delaware common law fraud claims; and remanding for further proceedings. Claims arose from an agreement … More May 23-29, 2024, opinions

December 10-14, 2021, opinions

December 15, 2021

Designated for publication Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions

Take the Fifth

Opinions and Developments from the U.S. 5th Circuit Court of Appeals

Tag: international law