Designated for publication en banc (orally argued to merits panel), Quorum Clause, en banc Ordering en banc rehearing of August 15, 2025, panel opinion (Graves, Higginson, Wilson [dissenting]) reversing district court’s judgment that the Quorum Clause of the Constitution requires physical presence by members of Congress to conduct votes, and vacating permanent injunction of portions … More January 14-15, 2026, opinions
Designated for publication Wiener, J. (Wiener, Engelhardt, Oldham) (oral argument), criminal, sufficiency of evidence, judicial estoppel Affirming convictions of conspiracy and healthcare fraud involving the hospice care reimbursement benefit available through Medicare. The Fifth Circuit affirmed the convictions of Kristal Glover-Wing for one count of conspiracy and three counts of healthcare fraud arising out of … More December 12, 2025, opinions
Designated for publication Richman, J. (Smith, Dennis, Richman) (oral argument), Dennis, J., concurring; criminal, sentencing Affirming conviction and concurrent five-year and life sentences for conspiracy to stalk and cyberstalking using a dangerous weapon and resulting in death; but vacating conviction and consecutive life sentence for using, carrying, brandishing, and discharging a firearm during a crime … More December 10-11, 2025, opinions
Designated for publication Smith, J. (Smith, Stewart, Haynes) (no oral argument), bankruptcy Affirming bankruptcy court’s dismissal of creditor’s claim for contribution. The court affirmed the bankruptcy court (and district court) in rejecting Spin’s claim that it should be paid under a receivables-sale agreement with Jet Oilfield Services (“Jet”). Under the agreement, Spin paid Jet $3,000,000 … More December 4, 2025, opinions
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
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
Designated for publication Richman, J. (Richman, Haynes, Graves), prisoner suit, qualified immunity Reversing denial of qualified immunity to prison official defendants on inmate’s claims that prison official defendants unlawfully confiscated his earnings from sale of leather belts at Angola Prison Rodeo and deprived him of due process. Gregory Savage, an inmate at Angola Prison, sued … More September 29, 2025, opinions
Designated for publication Higginson, J. (Higginson, Willett, Engelhardt), takings Affirming dismissal of plaintiff’s inverse condemnation claim against City, dismissal of Declaratory Judgment Act claim, and remand of breach of contract and other claims to state court. The plaintiffs, a group of developers, contracted with the City of Mesquite to carry out public improvement projects, including … More September 23, 2025, opinions
Designated for publication per curiam (Elrod, King, Graves), Elrod, C.J., concurring; Graves, J., dissenting; criminal, Second Amendment Affirming conviction of possession of a firearm by a felon. Alvaro Alejandro Mancilla pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) after he and his cousin were arrested at a … More September 10, 2025, opinions
Designated for publication Wiener, J. (Wiener, Douglas, Ramirez), FDIC, jurisdiction Remanding appeal from injunction against FDIC proceedings on constitutional basis, with instructions to dismiss for lack of jurisdiction. The FDIC initiated an enforcement action against Cornelius Burgess, former CEO of Herring Bank, after investigations dating back to 2010 revealed misconduct. The case first proceeded before … More August 20-25, 2025, opinions
