Writing for a unanimous panel, Circuit Judge Edith Hollan Jones on Friday struck down the century-old federal prohibition on home distillation of spirits, ruling that the ban 'violates the Constitution's Taxation and Necessary and Proper clauses' because it...
Circuit Judge James Ho, writing for a 2-1 panel joined by Judge Haynes, on Monday ordered a Texas federal court to transfer a Sherman Act suit against Google to Northern California, declaring that relying on court congestion data to deny transfer was a 'cle...
A Fifth Circuit panel on Friday reversed a Mississippi federal judge's suppression of drug evidence and statements, finding officers acted in good faith when relying on a search warrant that was "not wholly conclusory" despite containing "boilerplate" langu...
A Fifth Circuit panel on Wednesday partially revived Porch.com's contract lawsuit against reinsurance broker Gallagher Re, ruling that the district court wrongly dismissed claims that Gallagher breached its duty to provide "all servicing duties customarily...
The Fifth Circuit on Monday rejected families of Boeing 737 MAX crash victims' request to set aside a $1.1 billion non-prosecution agreement with the planemaker, finding the Department of Justice adequately consulted with families and saying "we lack jurisd...
The Fifth Circuit Court of Appeals affirmed a jury verdict rejecting a $320,628 bankruptcy preference claim, ruling that the creditor waived its right to appeal by failing to file required post-trial motions challenging the evidence sufficiency.
The Fifth Circuit ruled en banc Wednesday that a Louisiana federal judge's sweeping medical care injunction against the state penitentiary at Angola violated the Prison Litigation Reform Act, calling the district court's rulings 'atavistic' attempts 'to con...
A Fifth Circuit panel on Thursday affirmed summary judgment for a Texas jail medical director in a lawsuit over an inmate who gave birth alone in her cell, ruling the doctor lacked subjective knowledge of substantial risk when he didn't see an email about t...
The Fifth Circuit ruled Thursday that certain powers of Gulf of Mexico Fishery Management Council members violate the Appointments Clause but severed those provisions while upholding a disputed commercial fishing regulation, finding that the council's "veto...
A Fifth Circuit panel on Thursday affirmed a Louisiana man's drug conspiracy conviction despite finding the trial judge improperly questioned a struck Black juror sua sponte, ruling the defendant failed to prove 'purposeful discrimination' where two Black j...
A Fifth Circuit panel on Thursday denied rehearing a case challenging the use of acquitted conduct in sentencing, despite calling the practice "deeply troubling" and raising "serious constitutional issues and fundamental questions of fairness."
A Fifth Circuit panel on Wednesday reversed a Texas federal judge's ruling that granted state-action immunity to the city of Mansfield in an antitrust dispute with developers, finding the city lacked authority to block water services since "Texas granted [t...
The Fifth Circuit upheld summary judgment for the FBI in a Freedom of Information Act case brought by a pro se plaintiff seeking email header data from his criminal investigation, ruling that producing metadata would require creating new records beyond FOIA...
A Fifth Circuit panel Tuesday upheld a district court's approval of a $6 million property sale from an SEC receivership, warning defendant Timothy Barton that further appeals from receiver orders will face sanctions as the court called his pattern of challe...
A Fifth Circuit appeals court panel Tuesday denied relief to a former Salvadoran gang member seeking protection from removal, ruling that harsh prison conditions in El Salvador do not constitute intentional torture and that his past mistreatment does not sh...