Designated for publication per curiam (en banc) (oral argument at panel stage); en banc, arbitration, ERISA Granting en banc rehearing of December 18, 2025, panel opinion (Higginbotham, Jones, Southwick; Jones, J., dissenting in part), that had affirmed that the threshold question of arbitrability belonged to the court because the master services agreement between the parties … More April 28, 2026, opinions
Designated for publication Duncan, J. (joined by Elrod, Jones, Smith, Willett, Ho, Engelhardt, Oldham, Wilson; except Willett, Ho, Oldham do not join as to standing/justiciability); Ho, J., concurring; Oldham, J., concurring (joined by Willett); Ramirez, J., dissenting (joined by Stewart, Richman, Haynes, Graves, Higginson, Douglas); Southwick, J., dissenting (joined by Richman, Graves, Higginson, Douglas, Ramirez); … More April 21, 2026, opinions
Designated for publication Jones, J. (en banc; joined by Elrod, Smith, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (oral argument); Southwick, J., concurring only in the holding that the court has jurisdiction to consider this appeal; Richman, J., concurring in part/dissenting in part; Haynes, J., dissenting (joined by Stewart, Graves, Higginson, Douglas, Ramirez); Higginson, J., dissenting … More March 30, 2026, opinions
Designated for publication Jones, J. (Jones, Barksdale, Ho) (no oral argument), Ho, J., concurring; separation of powers, administrative law Granting petition for review and vacating FTC cease-and-desist order as to Intuit’s advertisements for TurboTax. Intuit sells TurboTax, including a “Free Edition” available only to taxpayers with “simple tax returns”—a category that excludes the majority of … More March 20, 2026, opinions
Designated for publication Summerhays, J. (Jones, Engelhardt, Summerhays, by designation) (oral argument), maritime law Affirming summary judgment for vessel owner on longshore worker’s claim of vessel negligence. Balvina Renteria, a longshore worker unloading cargo from the M/V Star Juventas, fell about ten feet when she stepped on plastic sheeting covering a gap between stacked rolls … More March 6, 2026, opinions
Designated for publication Smith, J. (Smith, Richman; Dennis on argument panel, but decision decided on a quorum due to Judge Dennis taking inactive status) (oral argument); qualified immunity Reversing denial of qualified immunity defense to officer defendant on plaintiff’s § 1983 Fourth Amendment search claim, and rendering judgment of dismissal. In this 42 U.S.C. § … More February 23, 2026, opinions
Designated for publication Higginson, J. (Southwick, Higginson, Wilson) (oral argument), insurance, jurisdiction Remanding appeal from denial of motion to compel arbitration to district court to consider motions pending in case in light of holding that court lacks subject-matter jurisdiction due to inapplicability of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to … More January 27, 2026, opinions
Designated for publication en banc (orally argued to merits panel), Quorum Clause, en banc Ordering en banc rehearing of August 15, 2025, panel opinion (Graves, Higginson, Wilson [dissenting]) 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 … More January 14-15, 2026, opinions
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
Designated for publication Wiener, J. (Wiener, Engelhardt, Oldham) (oral argument), criminal, sufficiency of evidence, judicial estoppel Affirming convictions of conspiracy and healthcare fraud involving the hospice care reimbursement benefit available through Medicare. The Fifth Circuit affirmed the convictions of Kristal Glover-Wing for one count of conspiracy and three counts of healthcare fraud arising out of … More December 12, 2025, opinions
