Designated for publication Elrod, C.J. (Elrod, Duncan, Engelhardt), indemnity, maritime law Affirming that contract between plaintiff and defendant was not a “maritime contract,” and that the indemnity provision was therefore invalid. Genesis Energy appealed the dismissal of its crossclaim for defense and indemnification against Danos, LLC, after a Danos employee was injured transferring from an … More September 15, 2025, opinions
Willett, J. (Dennis, Willett, Duncan), remand Reversing waiver-based order of remand based on defendant’s participation in state court proceedings. The Fifth Circuit revisited a waiver-based remand dispute after the en banc court had cleared out circuit precedent that the panel had held tied its hands on an earlier review. Edward Festeryga, sued in Texas state … More September 11, 2025, opinions
Designated for publication per curiam (Haynes, Ho, Oldham), Ho and Oldham, concurring; oral argument Ordering that panel will entertain additional oral argument via Zoom if appellant’s lead counsel requests, since lead counsel had emergency hospitalization shortly before argument. Judge Haynes noted that argument went forward because attorneys on both sides had traveled to attend the … More September 8, 2025, opinions
Designated for publication Southwick, J. (Southwick, Oldham, Ramirez), Ramirez, J., dissenting in part; Oldham, J., dissenting; immigration, due process, Alien Enemies Act, habeas corpus On remand from U.S. Supreme Court’s grant of temporary restraining order halting deportation of petitioners under the Alien Enemies Act, granting preliminary injunction blocking removal of petitioners, leaving in place government’s … More September 1-3, 2025, opinions
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
Unpublished decisions per curiam (Richman, Southwick, Willett), criminal, sentencing Affirming 292-month sentence on conviction of wire fraud affecting financial institutions. per curiam (Dennis, Ho, Oldham), criminal Affirming conviction of possession of a firearm by a felon. per curiam (King, Haynes, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Clement, Wilson), … More August 28, 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
Designated for publication Graves, J. (Graves, Higginson, Wilson), Wilson, J., dissenting; Quorum Clause 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 of appropriations bill that had been challenged by Texas on the basis that it had … More August 15, 2025, opinions
Designated for publication Jones, J. (Elrod, Jones, Stewart), Stewart, J., concurring in judgment only; insurance Reversing judgment in favor of insurer in claim brought by re-insurer, on basis that insurer’s delay in providing notice to re-insurer of claims was objectively unreasonable and material. The Fifth Circuit reversed a district court ruling and held that United … More August 14, 2025, opinions
Designated for publication Higginson, J. (Smith, Higginson, Douglas), breach of contract Affirming summary judgment in favor of health insurers on claims by healthcare providers where no written assignment of the insured’s claims was provided, but reversing summary judgment on claims where a written assignment was provided, and remanding for further proceedings. The case involves fifty-six … More August 8, 2025, opinions
