Tag: preemption

August 5, 2026, opinions

August 6, 2026

Designated for publication Graves, J. (Wiener, Haynes, Graves) (oral argument), takings, preemption Affirming dismissal of challenges to City’s short-term rentals regulations. New Orleans has enacted a series of ordinances to address the negative effects of short-term rentals (e.g., Airbnb) on residential neighborhoods, including noise, trash, loss of neighborhood character, and reduced affordable housing. A group … More August 5, 2026, opinions

August 3, 2026, opinions

August 5, 2026

Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), personal tort, preemption Reversing judgment for defendant on claims arising from fatal truck-auto accident in which one of defendant’s employee’s was the involved truck driver; and remanding for further proceedings. Satnam Singh Lehal’s tractor-trailer jackknifed on the way to Laredo, Texas, crossed into oncoming … More August 3, 2026, opinions

July 24, 2026, opinions

July 27, 2026

Designated for publication Douglas, J. (Higginbotham, Ho, Douglas), Ho, J., dissenting in part (oral argument); standing, preemption, First Amendment Affirming preliminary injunction of Texas social media regulation statute as to monitoring and filtering requirements as preempted by federal law; vacating injunction as sought by certain plaintiffs for lack of standing; and remanding for further proceedings. … More July 24, 2026, opinions

July 8-9, 2026, opinions

July 12, 2026

Designated for publication Higginson, J. (Richman, Higginson, Douglas) (no oral argument), qualified immunity Affirming qualified immunity summary judgment dismissal of claim against officer on excessive force claim. On April 27, 2022, Houston police pursued Jalen Randle to execute three felony warrants (aggravated assault, felon in possession of a firearm, and evading arrest). After an immobilization … More July 8-9, 2026, opinions

July 1-7, 2026, opinions

July 9, 2026

Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument at original panel stage), preemption, taking, Contracts Clause Granting petition for panel rehearing and substituting for February 9, 2026, panel opinion, affirming summary judgment for Louisiana on pharmaceutical companies’ and trade group’s challenge to Louisiana statute on drug purchases. Pharmaceutical manufacturers AbbVie, AstraZeneca, and trade … More July 1-7, 2026, opinions

April 24, 2026, opinions

April 25, 2026

Designated for publication Smith, J. (joined by Elrod, Jones, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (oral argument); Ho, J., concurring; Oldham, J., concurring (joined by Elrod, Jones, Willett, Ho, Duncan, Engelhardt); Richman, J., dissenting (joined by Stewart, Southwick, Higginson, Ramirez, and joined by Graves and Douglas as to part II on standing); Graves, J., … More April 24, 2026, opinions

April 9, 2026, opinions

April 10, 2026

Unpublished decisions per curiam (King, Haynes, Ho) (oral argument), immigration Denying Egyptian citizen’s petition for review of BIA order affirming the immigration judge’s denial of motion to reconsider the denial of his motion to reopen removal proceedings. Moselhy, a native and citizen of Egypt, raised due process claims and argued the agency violated regulations governing … More April 9, 2026, opinions

February 11, 2026, opinions

February 12, 2026

Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), preemption, standing, injunction Denying motion for injunction pending appeal of dismissal of nicotine retailers and industry actors’ challenge to Mississippi statute prohibiting sale of electronic nicotine devices that lacked FDA approval. The Fifth Circuit denied the plaintiffs’ motion for an injunction pending appeal of … More February 11, 2026, opinions

February 9, 2026, opinions

February 10, 2026

Designated for publication per curiam (Haynes, Ho, Oldham) (oral argument at panel stage), Ho, J., concurring in denial of rehearing en banc; insurance, arbitration, en banc Denying rehearing en banc of panel decision affirming denial of insurers’ motion to compel arbitration as “La. R.S. 22:868 expressly prohibits arbitration agreements for insurance contracts covering property located … More February 9, 2026, opinions

December 18-20, 2025, opinions

December 23, 2025

Designated for publication per curiam (en banc) (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Duncan, Engelhardt, Oldham, Wilson, JJ.); Ho, J., concurring in denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined by Jones, Smith, Richman, Duncan, Engelhardt, Wilson, JJ.) … More December 18-20, 2025, opinions