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 Willett, J. (Barksdale, Willett, Duncan) (oral argument), election law Affirming denial of preliminary injunction on plaintiff voters’ suit challenging as racially discriminatory a county commission’s redrawing of county precinct lines. The Fifth Circuit began by reaffirming that states and their political subdivisions hold primary constitutional authority to regulate elections, including the drawing … More October 29, 2025, opinions
Designated for publication Graves, J. (Barksdale, Southwick, Graves), Fair Labor Standards Act Affirming summary judgment dismissing plaintiffs’ FLSA overtime claims on the basis that each employee is a “bona fide executive” exempt from FLSA’s overtime provisions. Elrod, J. (Higginbotham, Smith, Elrod), evidence Affirming summary judgment for defendant trustees on claims brought by plaintiff beneficiaries of … More September 4, 2024, opinions
Designated for publication per curiam (en banc Court); Clean Air Act, standing Ordering en banc rehearing, and vacating panel opinions in matter from July 29, 2020 (968 F.3d 357; Davis, Costa, Oldham; opinion by Costa, J.; dissent in part by Oldham, J.) and August 30, 2022 (47 F.4th 408; Davis, Costa, Oldham; opinion by Costa, … More February 27, 2023, opinions
Designated for publication Engelhardt, J. (Graves, Willett, Engelhardt), criminal, vagueness, timeliness, jurisdiction, Miranda rights Reversing judgment suppressing defendants’ statements made during an interview and dismissing counts against defendants arising from international bribery scheme, and remanding for further proceedings. The Court reversed the district court’s judgment that it lacked subject-matter jurisdiction under the Foreign Corrupt Practices … More February 8, 2023, opinions
Designated for publication Defense Distributed v. Bruck, 21-50327, appeal from W.D. Tex. Jones, J. (Jones, Elrod, Higginson), Higginson, J., dissenting; mandamus, First Amendment, venue transfer, severance Granting mandamus ordering the district court to request retransfer back to it of a claim against the New Jersey Attorney General (“NJAG”) that it has severed from a larger … More April 1, 2022, opinions
Designated for publication Lefebure v. D’Aquilla, 19-30702, c/w 19-30989, appeal from M.D. La. Ho, J. (Owen, Graves, Ho), Graves, J., dissenting; standing Treating petition for rehearing en banc as a petition for panel rehearing, and denying petition for panel rehearing, but withdrawing Feb. 9, 2021 opinion and substituting with new opinion with same result–reversing judgment … More October 5, 2021 opinions
