Tag: standing

April 16, 2026, opinions

April 17, 2026

Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), Oldham, J., concurring; criminal, sentencing, party-presentation principle, Anders motion Presumably denying Anders motion, vacating 46-month sentence, and remanding for resentencing. “I do not object to the majority’s approach to this case. But I write separately to emphasize its implications for the so-called party-presentation principle. … More April 16, 2026, opinions

April 10, 2026, opinions

April 13, 2026

Designated for publication Jones, J. (Jones, Graves, Rodriguez, by designation) (no oral argument), standing, Necessary and Proper Clause, tax Reversing dismissal of some of the individual plaintiffs on standing ground, and affirming (as modified) injunction against enforcement of ban on home distilling under 1868 law. Since 1868, federal law has prohibited the operation of any … More April 10, 2026, opinions

April 7, 2026, opinions

April 8, 2026

Designated for publication Ho, J. (Haynes, Higginson, Ho) (no oral argument), Higginson, J., dissenting; mandamus, venue, antitrust Granting mandamus to compel the district court to transfer venue to the Northern District of California. Branch Metrics, Inc. sued Google, LLC in the Eastern District of Texas, alleging Sherman Act violations based on documents uncovered during the … More April 7, 2026, opinions

April 2, 2026, opinions

April 3, 2026

Designated for publication Duncan, J. (Jones, Duncan, Douglas) (oral argument), breach of contract, insurance Affirming dismissal of claims under two sections of reinsurance agreement, but reversing dismissal of claim under a third section, and remanding for further proceedings. Porch.com’s subsidiary, Homeowners of America Insurance Co. (HOA), entered into a reinsurance-intermediary-authorization agreement (RIAA) with Gallagher, a … More April 2, 2026, opinions

March 2, 2026, opinions

March 3, 2026

Designated for publication per curiam (Clement, Douglas, Ramirez) (no oral argument), criminal, sentencing Affirming 71-month sentence for conviction of conspiracy to transport aliens and transporting aliens, by applying sentencing enhancement for transporting an unaccompanied minor. Luis Francisco Corona-Montano was convicted for conspiracy to transport aliens and transporting aliens after he picked up a group of … More March 2, 2026, opinions

February 23, 2026, opinions

February 24, 2026

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

February 20, 2026, opinions

February 21, 2026

Designated for publication per curiam (en banc; Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez, voting against en banc rehearing; Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, Wilson, voting for en banc rehearing) (oral argument at panel stage), Ho, J., dissenting from denial of en banc rehearing (joined by Jones, Smith); en banc, qualified … More February 20, 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

January 14-15, 2026, opinions

January 16, 2026

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

January 2-6, 2026, opinions

January 7, 2026

Designated for publication Douglas, J. (Smith, Higginson, Douglas) (oral argument), sec. 1988, standing, attorneys’ fees Affirming vacatur of attorneys’ fee award after vacatur of declaratory judgment relief for lack of standing in plaintiff’s constitutional challenge to city’s home rule charter. Plaintiffs-Appellants challenged provisions of the City of Houston home-rule charter requiring initiative petition circulators to … More January 2-6, 2026, opinions