Tag: summary judgment

August 4, 2026, opinions

August 5, 2026

Designated for publication Willett, J. (Willett, Engelhardt, Douglas) (oral argument withdrawn), Privileges and Immunities Clause, Equal Protection, preliminary injunction Reversing denial of preliminary injunction to plaintiff challenging Texas residency provisions for escrow-officer license, and remanding with instructions to enter preliminary injunction. Geoffrey Polk, a resident of Illinois licensed to practice law in approximately forty jurisdictions … More August 4, 2026, opinions

June 29, 2026, opinions

June 30, 2026

Designated for publication Willett, J. (Smith, Willett, Ramirez) (oral argument), criminal, sentencing Affirming sentence on “mutiny” conviction for immigration detainee. Six detainees at an ICE facility in El Paso knotted bed sheets, towels, and shirts into a makeshift rope and climbed onto an unrailed canopy roof approximately two stories high. For more than three and … More June 29, 2026, opinions

April 27, 2026, opinions

April 28, 2026

Unpublished decisions per curiam (Wiener, Willett, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Graves, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Richman, Willett) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam … More April 27, 2026, opinions

March 23, 2026, opinions

March 24, 2026

Designated for publication per curiam (Wiener, Willett, Wilson) (no oral argument), Willett, J., concurring (joined by Wilson, J.); criminal, Second Amendment, Commerce Clause Affirming conviction of possession of a firearm by a felon Jaterron Williamson was convicted of possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1). He had three prior … More March 23, 2026, opinions

January 9, 2026, opinions

January 12, 2026

Designated for publication Clement, J. (Clement, Graves, Ho) (oral argument withdrawn), Ho, J., concurring; criminal, sentencing Vacating sentence on conviction of failing to register as a sex offender, and remanding for resentencing. The Fifth Circuit held that the district court erred in sentencing Sergio Yovani Quintanilla-Matamoros based on an incorrect sex-offender tier under the Sex … More January 9, 2026, opinions

December 2, 2025, opinions

December 3, 2025

Designated for publication Clement, J. (Clement, Graves, Ho) (no oral argument), criminal, sentencing Vacating sentence in part and remanding for conformance of the written judgment of terms of supervised release with oral pronouncement. The Fifth Circuit confronted a recurring post-Diggles question: what should be done when a written judgment includes unpronounced discretionary conditions of supervised … More December 2, 2025, opinions

November 5, 2025, opinions

November 6, 2025

Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), immigration Denying Guatemalan citizen’s petitions for review of BIA denials of his motion to reopen removal proceedings and motion to reconsider. The Fifth Circuit denied Oscar Rene Rosa Arevalo’s petitions for review of the Board of Immigration Appeals’ denials of his motions to reopen … More November 5, 2025, opinions

February 14, 2025, opinions

February 17, 2025

Unpublished per curiam (Haynes, Higginson, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Dennis, Ho, Oldham), First Amendment, Administrative Procedure Act, summary judgment Vacating summary judgment dismissal of plaintiff’s challenge to Department of Defense prepublication approval/review procedures for manuscripts authorized by employees and former employees with security clearances. Summary judgment had … More February 14, 2025, opinions

September 27, 2023, opinions

September 28, 2023

Designated for publication Wilson, J. (Smith, Clement, Wilson), WARN Act, summary judgment, jury right Appellate counsel from Fishman Haygood represented prevailing party. Affirming in part and reversing in part summary judgment dismissal of employees’ WARN Act claims against investment advisor of plaintiffs’ employer on violations of WARN Act. The Court affirmed the district court’s holding … More September 27, 2023, opinions

February 9, 2022, opinions

February 10, 2022

Designated for publication VSP Labs, Inc. v. Hillair Capital Investments, L.P., 20-10885, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Willett, Duncan), bankruptcy Affirming district court and bankruptcy court orders prohibiting one non-debtor from asserting claims against two other non-debtors. VSP had entered into a technology-sharing agreement with Pro Fix Optix (“PFO”). VSP brought a breach … More February 9, 2022, opinions