Tag: preemption

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

September 12, 2025, opinions

September 15, 2025

Designated for publication Oldham, J. (Haynes, Ho, Oldham), immigration Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order denying motion to reopen removal proceedings. The Fifth Circuit reviewed Juan Jose Garcia Morin’s petition challenging the Board of Immigration Appeals’ refusal to reopen his removal proceedings. Garcia Morin, a Mexican … More September 12, 2025, opinions

August 29, 2025, opinions

September 8, 2025

Designated for publication Willett, J. (Wiener, Willett, Ho), Ho, J., dissenting; criminal, search and seizure Affirming grant of motion to suppress evidence, begrudgingly. The exclusionary rule has long provoked controversy, with critics deriding it as a blunt judicial tool that frees the guilty when police make mistakes. The oft-quoted Cardozo line—“the criminal is to go … More August 29, 2025, opinions

August 26, 2025, opinions

August 27, 2025

Designated for publication Clement, J. (Stewart, Clement, Wilson), criminal, sentencing Affirming 92-month sentence on conviction of possession of a firearm by a felon. Reginald Humbles, a U.S. Army veteran with a history of psychiatric issues, was arrested after stealing a waste disposal truck in New Orleans and leading police on a high-speed chase across the … More August 26, 2025, opinions

July 2, 2025, opinions

July 7, 2025

Designated for publication Graves, J. (Smith, Graves, Duncan), trademark infringement, Lanham Act Affirming summary judgment in defendants’ favor on Lanham Act trademark infringement claims. This case stems from a dispute among members of the 1990s R&B group Jade. Di Reed sued her former bandmates Joi Marshall and Tonya Harris, along with a new singer, Myracle … More July 2, 2025, opinions

June 5, 2025, opinions

June 6, 2025

Designated for publication Stewart, J. (Stewart, Clement, Willett), criminal, sufficiency of evidence, restitution Affirming conviction of operator of compound pharmacy for receiving illegal kickbacks as part of a conspiracy to induce physicians to prescribe highly lucrative prescriptions, and affirming restitution award. Xpress Compounding was a pharmacy focused on maximizing profits through pain cream prescriptions billed … More June 5, 2025, opinions

March 10, 2025, opinions

March 11, 2025

Designated for publication per curiam (Elrod, Oldham, Wilson), Fair Housing Act, Rule 60(b), notice of appeal Affirming denial of landlord defendant’s Rule 60(b) motion after summary judgment for plaintiff tenant on claims of disability discrimination and retaliation under the Fair Housing Act, finding no abuse of discretion. The Court held that the original summary judgment, … More March 10, 2025, opinions

July 1-17, 2024, opinions

July 19, 2024

Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions