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 Jones, J. (King, Jones, Oldham) (oral argument), King, J., dissenting; personal torts, First Amendment Reversing summary judgment dismissal of negligence claims against protest organizer by police officer who was injured while responding to the protest, and remanding for trial of claims. Officer John Ford was struck in the head with a piece … More March 19, 2026, opinions
Designated for publication Higginson, J. (King, Higginson, Wilson) (oral argument withdrawn), Title IX, costs Affirming costs award to defendant on plaintiffs’ Title IX claims. Eight former student-athletes on SMU’s women’s rowing team sued the university for gender-based discrimination under Title IX and negligence under Texas law, alleging that substandard coaching, athletic training, and medical treatment … More March 16, 2026, opinions
Designated for publication Wilson, J. (King, Higginson, Wilson) (no oral argument), immigration, Religious Freedom Restoration Act, res judicata Withdrawing December 15, 2025, opinion and substituting new opinion affirming dismissal of challenge to denial of visa for foreign student plaintiff sought to sponsor under the Religious Freedom Restoration Act, but in change from original panel opinions … More February 12-13, 2026, opinions
Designated for publication Duncan, J. (Haynes, Duncan, Ramirez) (oral argument), sec. 1983 Affirming dismissal of claims of family of man who died during self-defense exercise in police cadet training. The court affirmed the district court’s dismissal of all § 1983 claims brought by Brittney Kennedy on behalf of her late husband, Marquis Kennedy, who suffered … More February 4-5, 2026, opinions
Designated for publication per curiam (en banc) (oral argument at panel stage) (voting for en banc rehearing: Jones, Smith, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.; voting against en banc rehearing: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ.), Ho, J., dissenting from denial of en banc rehearing (joined by Jones, Smith, Engelhardt, JJ.); … More January 12, 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 Richman, J. (Smith, Dennis, Richman) (oral argument), Dennis, J., concurring; criminal, sentencing Affirming conviction and concurrent five-year and life sentences for conspiracy to stalk and cyberstalking using a dangerous weapon and resulting in death; but vacating conviction and consecutive life sentence for using, carrying, brandishing, and discharging a firearm during a crime … More December 10-11, 2025, opinions
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
Designated for publication Duncan, J. (Smith, Graves, Duncan) (no oral argument), diversity jurisdiction, commercial litigation Affirming that diversity jurisdiction exists, and affirming summary judgment for lender/plaintiff holding defendants liable as guarantors for loans made by Appellees Cadence Bank and Century Bank. The Banks made two large loans to Bridgelink Engineering LLC (which the Johnsons managed) … More November 24, 2025, opinions
