Tag: receivership

August 25, 2026, opinions

August 26, 2026

Designated for publication Engelhardt, J. (Willett, Engelhardt, Douglas) (oral argument), Willett, J., concurring; criminal, Second Amendment, forfeiting argument Originally released a day before as an unpublished per curiam (though still with Judge Willett’s separate concurrence, re-released as a published disposition with the majority opinion attributed to Judge Engelhardt. Affirming dismissal of indictment of felon-in-possession on … More August 25, 2026, opinions

June 3, 2026, opinions

June 4, 2026

Designated for publication Clement, J. (Clement, Southwick, Engelhardt) (no oral argument), qualified immunity, appellate jurisdiction Vacating judgment denying dismissal and failing to mention qualified immunity defense, and remanding for further proceedings. Plaintiffs Patricia Anna Wertenbroch and Kulwant Singh Atwal sued Clint Hardeman, the City Manager of Pittsburg, Texas, under 42 U.S.C. § 1983, alleging he … More June 3, 2026, opinions

March 25, 2026, opinions

March 26, 2026

Designated for publication Stewart, J. (Davis, Jones, Stewart) (no oral argument), appellate jurisdiction, receivership, mootness Affirming district court’s judgment approving sale of one property in receiver-managed sale, while dismissing appeal as to another sale order and as to settlement-ratification orders. The SEC sued Timothy Barton for alleged violations of the Exchange Act and the Securities … More March 25, 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

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

August 1-15, 2024, opinions

August 20, 2024

Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!). Designated for publication Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district … More August 1-15, 2024, opinions

March 20, 2024, opinions

March 21, 2024

Designated for publication Southwick, J. (Stewart, Dennis, Southwick), receivership Granting petition for panel rehearing of original panel decision that affirmed the district court’s denial of motions for $79 million set-off from order allowing receiver to recover from an investor in Stanford Ponzi scheme, where panel had affirmed on basis that investor had failed to timely … More March 20, 2024, opinions

March 13, 2024, opinions

March 14, 2024

Unpublished per curiam (Stewart, Dennis, Wilson), securities fraud, receivership, mootness Dismissing as moot appeal from order ratifying a settlement agreement executed by court-appointed receiver, due to subsequent events in the litigation. per curiam (Wiener, Stewart, Douglas), criminal Affirming conviction of being a felon in possession of a firearm. per curiam (Jolly, Engelhardt, Douglas), criminal, sentencing … More March 13, 2024, opinions

March 7, 2024, opinions

March 8, 2024

Designated for publication Stewart, J. (Jones, Stewart, Duncan), labor law Denying in part and granting in part petition for review of NLRB decision that the petitioner’s RN Case Managers are not NLRA-exempt supervisors and that the petitioner violated the NLRA by creating an impermissible oral workplace rule, threatening employees who exercised protected activity, interrogating staff … More March 7, 2024, opinions

January 3, 2024, opinions

January 4, 2024

Designated for publication Oldham, J. (joined by Richman, Jones, Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.); Haynes, J., dissenting (joined by Stewart, Southwick, Higginson, Douglas, JJ.); Graves, J., joining dissent in part; administrative law Granting petition for review of FDA marketing denial orders regarding flavored e-cigarettes, setting orders aside, and remanding to the FDA … More January 3, 2024, opinions