Tag: prisoner suit

August 17-18, 2026, opinions

August 19, 2026

Designated for publication Higginson, J. (Richman, Higginson, Douglas) (oral argument), criminal, sufficiency of evidence, witness testimony, evidence, sentencing, Second Amendment, Commerce Clause Affirming conviction and sentence on drug and firearms charges. Travis Enclade and Terence Wilson, relatives suspected of narcotics trafficking in New Orleans, were the subjects of a two-month DEA surveillance operation using pole … More August 17-18, 2026, opinions

August 11, 2026, opinions

August 12, 2026

Designated for publication Oldham, J. (Haynes, Ho, Oldham), Haynes, J., concurring in judgment (oral argument), administrative law, appellate jurisdiction Denying DOE’s motion to dismiss for lack of jurisdiction, and granting petition to review DOE order; remanding to DOE for further proceedings. In February 2024, the Department of Energy promulgated a “Direct Final Rule” (DFR) establishing … More August 11, 2026, opinions

August 6, 2026, opinions

August 10, 2026

Designated for publication Southwick, J. (Southwick, Graves, Wilson) (oral argument withdrawn), Wilson, J., concurring; arbitration Affirming denial of defendant’s motion to compel arbitration. Floor and Decor Outlets of America (“F&D”), a national flooring retailer, contracted with MAPP, L.L.C., a local Louisiana construction management company, for the building of a retail store in Metairie, Louisiana. F&D … More August 6, 2026, opinions

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

July 31, 2026, opinions

August 3, 2026

Designated for publication Duncan, J. (King, Higginson, Duncan) (no oral argument), tax law Granting motion to modify original panel opinion rendered June 8, 2026, and substituting new opinion that likewise affirmed tax court’s judgment upholding imposition of estate-tax liability and assessment of 20% negligence penalty. Anne Milner Fields, a businesswoman diagnosed with Alzheimer’s in 2011, … More July 31, 2026, opinions

July 27, 2026, opinions

July 28, 2026

Unpublished decisions per curiam (Haynes, Graves, Ramirez) (no oral argument), prisoner suit Reversing in part and affirming in part dismissal of Texas state prisoner’s sec. 1983 claims. At issue on appeal was whether a Texas prisoner stated viable 42 U.S.C. § 1983 claims for (1) failure to protect under the Eighth Amendment against a sergeant … More July 27, 2026, opinions

July 13-15, 2026, decisions

July 16, 2026

Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), Stewart, J., dissenting in part; mandamus, appellate jurisdiction, voluntary dismissal, school desegregation Dismissing appeal for lack of jurisdiction over judgment that was entered after voluntary dismissal of school desegregation case, and granting mandamus vacating post-dismissal judgment. This school-desegregation case had been pending for more … More July 13-15, 2026, decisions

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

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

June 9 2026, opinions

June 10, 2026

Designated for publication Douglas, J. (Southwick, Higginson, Douglas) (oral argument), trade secrets, RICO Reversing dismissal of plaintiff’s RICO/theft-of-trade-secrets claim, and remanding for further proceedings. EnvTech, Inc. is a company that developed a confidential proprietary one-step chemical formula and cleaning process for hydrofluoric acid alkylation (“HF alky”) units in oil refineries, controlling roughly 80% of the … More June 9 2026, opinions