Designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), personal tort, Federal Tort Claims Act Affirming judgment in favor of plaintiff in personal injury and death arising from an auto collision with a U.S. Postal Service vehicle that then caused the plaintiff to go forward and collide with his neighbor’s house. The Court analyzed a case … More May 16-18, 2025, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez; voting for en banc rehearing: Jones, Smith, Elrod, Ho, Duncan, Engelhardt, Oldham, Wilson); Willett, J., concurring in denial of en banc rehearing; Ho, J., dissenting from denial of en banc rehearing; Oldham, J., dissenting from denial … More April 16-22, 2024, opinions
Designated for publication per curiam (Richman, Jones, Smith, Barksdale, Elrod, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., voting for stay; Stewart, Southwick, Haynes, Graves, Higginson, Douglas, JJ., voting against stay); Oldham, J., concurring (joined by Jones, Smith, Barksdale, Elrod, Willett, Duncan, Engelhardt, Wilson, JJ.); Richman, C.J., concurring; Ho, J., concurring (joined by Elrod, J.); Higginson, … More December 7, 2023, opinions
Designated for publication Engelhardt, J. (Higginbotham, Smith, Engelhardt), venue, insurance, forum selection clause Affirming dismissal without prejudice of plaintiff’s coverage suit for forum non conveniens, on basis that parties’ insurance policy contained an enforceable forum-selection clause requiring litigation in the courts of England and Wales with no return-jurisdiction clause required. Holding that it should apply … More May 1, 2023, opinions
Designated for publications per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Ho, J., dissenting from denial of rehearing (joined by Smith, Engelhardt, JJ.); criminal, Commerce Clause Denying rehearing en banc of a panel decision affirming conviction for being a felon in possession of a firearm, … More November 11, 2022, opinions
(While I was on vacation/college-touring around the Northeast, then dealing with the Covid gathered from somewhere in the Northeast, I tracked 5th Circuit opinions for purposes of the gathering of opinion statistics from July 20 through August 12, but those opinions are not summarized here. So, picking back up with August 15 …) Designated for … More August 15, 2022, opinions
