Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Ho, J., concurring; False Claims Act, qui tam Affirming dismissal of qui tam action under False Claims Act. Inpatient-rehabilitation facilities (IRFs) provide intensive therapy to patients after hospital discharge and are reimbursed by Medicare per discharge, contingent on compliance with procedural rules such as … More November 3, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (oral argument), Haynes, dissenting in part; timeliness, personal torts Affirming dismissal as untimely of claims brought under Texas law, originally in Texas state courts but then removed, for monetary damages arising from chemical explosions at defendant’s facility, where original action was certified as to injunctive relief class … More October 30-31, 2025, opinions
Designated for publication en banc, First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity, en banc Ordering initial hearing en banc, with the en banc rehearing argument of Roake v. Brumley. Stewart, J. (Jones, Stewart, Ramirez) (oral argument), criminal, sufficiency of evidence Affirming conviction of coercing and enticing a minor to engage in … More October 28, 2025, opinions
Unpublished decisions Richman, J. (Richman, Haynes, Duncan) (oral argument), insurance Reversing in part and affirming in part dismissal of claims against insurer for a declaration of insurer’s duty to defend and indemnify: reversing the magistrate judge’s dismissal of BPX’s duty-to-defend and duty-to-indemnify claims, vacating and remanding BPX’s declaratory judgment claim, and affirming the magistrate judge’s … More October 20, 2025, opinions
Unpublished decisions per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), criminal, sentencing Affirming 60-month sentence on conviction of illegal reentry. per curiam (Jones, Duncan, Douglas) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Richman, Southwick, Willett) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per … More October 9, 2025, opinions
Designated for publication per curiam (en banc); en banc, First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Granting en banc rehearing of June 20, 2025, panel opinion (Dennis, Haynes, Ramirez; Dennis, J., concurring) affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in … More October 6, 2025, opinions
Designated for publication Southwick, J. (Higginbotham, Jones, Southwick) (oral argument), insurance Affirming dismissal of claims that insurance company’s cancelation procedures did not comply with Louisiana statutory requirements and breached the duty of good faith and fair dealing. The Fifth Circuit considered whether GoAuto Insurance and its premium finance company, APAC, complied with Louisiana’s statute governing … More October 3, 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 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
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
