Bar Association of the Fifth Federal Circuit
@baffc.bsky.social
Trinseo v Harper: #5thCir affirms JNOV vacating $75M jury award on trade secret misappropriation for failure to apportion value of individual secrets, affirms summary jm on confidential info misappropriation & injunction #DTSA #appellatesky #lawsky baffc.net/468OI4j
January 22, 2026 at 4:04 PM
Trinseo v Harper: #5thCir affirms JNOV vacating $75M jury award on trade secret misappropriation for failure to apportion value of individual secrets, affirms summary jm on confidential info misappropriation & injunction #DTSA #appellatesky #lawsky baffc.net/468OI4j
Sirius Solutions v CIR: #5thCir vacates upward adjustment on self-employment net earnings: "limited partner" in 1402(a)(13) isn't only passive investor, refers to partner in limited partnership that has limited liability #dissent #taxes #appellatesky baffc.net/49Dhmvl
January 17, 2026 at 6:59 PM
Sirius Solutions v CIR: #5thCir vacates upward adjustment on self-employment net earnings: "limited partner" in 1402(a)(13) isn't only passive investor, refers to partner in limited partnership that has limited liability #dissent #taxes #appellatesky baffc.net/49Dhmvl
Doe v #HHS: #5thCir reverses dismissal of #APA claim by medical doctor seeking removal of adverse action report in national practitioner database: HHS's change in position violated #Chenery #concur #dissent #appellatesky #lawsky baffc.net/4r2BnTq
January 17, 2026 at 6:10 PM
Doe v #HHS: #5thCir reverses dismissal of #APA claim by medical doctor seeking removal of adverse action report in national practitioner database: HHS's change in position violated #Chenery #concur #dissent #appellatesky #lawsky baffc.net/4r2BnTq
Genesis Marine v Darrow: #5thCir affirms summary judgment for injured tankerman holding vessel owner's limitation suit (seeking cap at $12.5M vessel value) was untimely #maritimelaw #appellatesky #lawsky baffc.net/3NoionI
January 17, 2026 at 5:55 PM
Genesis Marine v Darrow: #5thCir affirms summary judgment for injured tankerman holding vessel owner's limitation suit (seeking cap at $12.5M vessel value) was untimely #maritimelaw #appellatesky #lawsky baffc.net/3NoionI
Fuentes-Pineda v Bondi: #5thCir denies review of #BIA denial of deferral of removal under CAT for #ElSalvador native who was #gang member convicted of murder, rejecting arguments re harsh prison conditions/torture #immigration #appellatesky #lawsky baffc.net/45ghIa5
January 15, 2026 at 8:26 PM
Fuentes-Pineda v Bondi: #5thCir denies review of #BIA denial of deferral of removal under CAT for #ElSalvador native who was #gang member convicted of murder, rejecting arguments re harsh prison conditions/torture #immigration #appellatesky #lawsky baffc.net/45ghIa5
STEJN v TCEQ: #5thCir finds #standing, denies review of #TCEQ's rejection of challenge to 3rd extension of construction deadline for Brownsville #LNG terminal: exec director had authority; showing made for extension #appellatesky #lawsky baffc.net/4bzMtuk
January 15, 2026 at 8:12 PM
STEJN v TCEQ: #5thCir finds #standing, denies review of #TCEQ's rejection of challenge to 3rd extension of construction deadline for Brownsville #LNG terminal: exec director had authority; showing made for extension #appellatesky #lawsky baffc.net/4bzMtuk
Rx Solutions v Caremark: #5thCir affirms dismissal of federal #antitrust claims by MS #pharmacy spurned by pharmacy benefit management network, but finds diversity jurisdiction/reinstates 2 state-law claims #appellatesky #lawsky baffc.net/45H7pfi
January 15, 2026 at 7:14 PM
Rx Solutions v Caremark: #5thCir affirms dismissal of federal #antitrust claims by MS #pharmacy spurned by pharmacy benefit management network, but finds diversity jurisdiction/reinstates 2 state-law claims #appellatesky #lawsky baffc.net/45H7pfi
Kewayfati v Bondi: #5thCir affirms dismissal of suits seeking review of nonfinal denials of affirmative #asylum applications for lack of final agency action under #APA, modifies dismissal to be w/o prejudice #immigration #appellatesky #lawsky baffc.net/49rhBLq
January 15, 2026 at 7:01 PM
Kewayfati v Bondi: #5thCir affirms dismissal of suits seeking review of nonfinal denials of affirmative #asylum applications for lack of final agency action under #APA, modifies dismissal to be w/o prejudice #immigration #appellatesky #lawsky baffc.net/49rhBLq
Allstate v Bhagat: #5thCir reverses dismissal of #RICO #mailfraud & state-law claims against Houston EMC defendants re agreements w/PI attorneys & billing for car accident patients #insurance #conspiracy #appellatesky #lawtsky baffc.net/45X92FJ
January 15, 2026 at 6:47 PM
Allstate v Bhagat: #5thCir reverses dismissal of #RICO #mailfraud & state-law claims against Houston EMC defendants re agreements w/PI attorneys & billing for car accident patients #insurance #conspiracy #appellatesky #lawtsky baffc.net/45X92FJ
Texas v Bondi: #5thCir grants #rehearingenbanc, vacates panel opinion that rejected TX's challenge to 2023 #ConsolidatedAppropriationsAct & held #QuorumClause didn't require physical presence of US Reps at time of vote #appellatesky #lawsky baffc.net/3LOBrqG
January 15, 2026 at 6:30 PM
Texas v Bondi: #5thCir grants #rehearingenbanc, vacates panel opinion that rejected TX's challenge to 2023 #ConsolidatedAppropriationsAct & held #QuorumClause didn't require physical presence of US Reps at time of vote #appellatesky #lawsky baffc.net/3LOBrqG
Foster v Jesel: #5thCir affirms dismissal of former @united employee's claims against #Union: claims for breach of #PSA were preempted by #RLA & filed beyond 6-mo limitations period #appellatesky #lawsky baffc.net/45HBDyI
January 14, 2026 at 7:16 PM
Foster v Jesel: #5thCir affirms dismissal of former @united employee's claims against #Union: claims for breach of #PSA were preempted by #RLA & filed beyond 6-mo limitations period #appellatesky #lawsky baffc.net/45HBDyI
US v Dubois: #5thCir vacates #supervisedrelease condition: allowing probation officer to choose inpatient or outpatient substance abuse program after 10-mo sentence was impermissible delegation of sentencing power #appellatesky #lawsky #plainerror baffc.net/4bF6EXM
January 14, 2026 at 7:02 PM
US v Dubois: #5thCir vacates #supervisedrelease condition: allowing probation officer to choose inpatient or outpatient substance abuse program after 10-mo sentence was impermissible delegation of sentencing power #appellatesky #lawsky #plainerror baffc.net/4bF6EXM
Endure v Vizient: #5thCir affirms summary judgment for defendant on issue of market definition in #antitrust case re disposable medical supplies: no genuine dispute of material fact re 2 proposed markets #appellatesky #lawsky baffc.net/49kIVLc
January 14, 2026 at 6:38 PM
Endure v Vizient: #5thCir affirms summary judgment for defendant on issue of market definition in #antitrust case re disposable medical supplies: no genuine dispute of material fact re 2 proposed markets #appellatesky #lawsky baffc.net/49kIVLc
Hershey v Bossier City: #5thCir denies panel rehearing, leaving in place splintered decision reversing dismissal of #Monell claim/affirming #qualifiedimmunity for officers/dismissal of security guards #dissent #FirstAmendment #appellatesky #lawsky baffc.net/3Lg1Yx7
January 14, 2026 at 6:18 PM
Hershey v Bossier City: #5thCir denies panel rehearing, leaving in place splintered decision reversing dismissal of #Monell claim/affirming #qualifiedimmunity for officers/dismissal of security guards #dissent #FirstAmendment #appellatesky #lawsky baffc.net/3Lg1Yx7
US v Lowe: #5thCir affirms 2-level enhancement for distribution of material involving sexual exploitation of minor, rejects argument defendant "merely solicited" where he had sufficient degree of control over minor he coerced #appellatesky #lawsky baffc.net/3Z9EnRI
January 13, 2026 at 10:58 PM
US v Lowe: #5thCir affirms 2-level enhancement for distribution of material involving sexual exploitation of minor, rejects argument defendant "merely solicited" where he had sufficient degree of control over minor he coerced #appellatesky #lawsky baffc.net/3Z9EnRI
Vetter v Resnick: #5thCir affirms summary judgment for plaintiffs claiming they are exclusive owners throughout the world of #copyright rights to 1960s "Double Shot" song after recapture of rights #appellatesky #lawsky baffc.net/4qMXjl3
January 13, 2026 at 10:42 PM
Vetter v Resnick: #5thCir affirms summary judgment for plaintiffs claiming they are exclusive owners throughout the world of #copyright rights to 1960s "Double Shot" song after recapture of rights #appellatesky #lawsky baffc.net/4qMXjl3
Awe v Harris Health System: #5thCir affirms summary judgment for former employer on #employmentdiscrimination claims by former chaplain: no prima facie case on #ADEA claims; no evidence of pretext on #TitleVII claim #appellatesky #lawsky baffc.net/4ql2EjK
January 13, 2026 at 10:19 PM
Awe v Harris Health System: #5thCir affirms summary judgment for former employer on #employmentdiscrimination claims by former chaplain: no prima facie case on #ADEA claims; no evidence of pretext on #TitleVII claim #appellatesky #lawsky baffc.net/4ql2EjK
Woods v STS Services: #5thCir affirms dismissal of 3rd amended #TitleVII complaint against former employer: plaintiff didn't plead she was qualified for position & didn't take advantage of opportunity to file 4th complaint #appellatesky #lawsky baffc.net/4qVnbvp
January 13, 2026 at 9:46 PM
Woods v STS Services: #5thCir affirms dismissal of 3rd amended #TitleVII complaint against former employer: plaintiff didn't plead she was qualified for position & didn't take advantage of opportunity to file 4th complaint #appellatesky #lawsky baffc.net/4qVnbvp
US v Wilson: #5thCir affirms after guilty plea to unlawful possession of machine gun: conviction didn't violate #2ndAmendment (Hollis still binds); no #plainerror in 2nd-degree murder USSG cross-reference #concur #dubitante #appellatesky #lawsky baffc.net/3LpRtHx
January 13, 2026 at 9:05 PM
US v Wilson: #5thCir affirms after guilty plea to unlawful possession of machine gun: conviction didn't violate #2ndAmendment (Hollis still binds); no #plainerror in 2nd-degree murder USSG cross-reference #concur #dubitante #appellatesky #lawsky baffc.net/3LpRtHx
Johnson v Guerrero: #5thCir denies #rehearingenbanc 9/7 after panel allows successive #AEDPA habeas application, reaffirms #Cathey holding that claim must have some possibility of merit to be considered available #dissent #appellatesky #lawsky baffc.net/4pAzCve
January 13, 2026 at 8:24 PM
Johnson v Guerrero: #5thCir denies #rehearingenbanc 9/7 after panel allows successive #AEDPA habeas application, reaffirms #Cathey holding that claim must have some possibility of merit to be considered available #dissent #appellatesky #lawsky baffc.net/4pAzCve
US v Quintanilla-Matamoros: #5thCir vacates sentence, remands for resentencing: defendant/Honduran citizen should have been classified as tier-I sex-offender instead of tier-III in sentence for failing to register under #SORNA #appellatesky #lawsky baffc.net/4bpsLRV
January 10, 2026 at 4:16 PM
US v Quintanilla-Matamoros: #5thCir vacates sentence, remands for resentencing: defendant/Honduran citizen should have been classified as tier-I sex-offender instead of tier-III in sentence for failing to register under #SORNA #appellatesky #lawsky baffc.net/4bpsLRV
Perdomo v League City: #5thCir affirms #qualifiedimmunity for officer who tackled plaintiff to concrete ground after plaintiff repeatedly slammed his body into officer, as shown on video #civilrights #appellatesky #lawsky baffc.net/4bqrXw9
January 8, 2026 at 5:00 PM
Perdomo v League City: #5thCir affirms #qualifiedimmunity for officer who tackled plaintiff to concrete ground after plaintiff repeatedly slammed his body into officer, as shown on video #civilrights #appellatesky #lawsky baffc.net/4bqrXw9
Lewis v Delgado: #5thCir reverses #qualifiedimmunity summary judgment denial: officers didn't violate clearly established law by handcuffing plaintiff for 6 minutes, during which dialysis-related stent was damaged #civilrights #appellatesky #lawsky baffc.net/49a7ryw
January 8, 2026 at 4:38 PM
Lewis v Delgado: #5thCir reverses #qualifiedimmunity summary judgment denial: officers didn't violate clearly established law by handcuffing plaintiff for 6 minutes, during which dialysis-related stent was damaged #civilrights #appellatesky #lawsky baffc.net/49a7ryw
US v Johnson: #5thCir reverses denial of suppression, vacates felony possession conviction: no reasonable suspicion for #warrantless search of vehicle after defendant's arrest despite presence of felon girlfriend #dissent #appellatesky #lawsky baffc.net/3N77lPH
January 8, 2026 at 4:24 PM
US v Johnson: #5thCir reverses denial of suppression, vacates felony possession conviction: no reasonable suspicion for #warrantless search of vehicle after defendant's arrest despite presence of felon girlfriend #dissent #appellatesky #lawsky baffc.net/3N77lPH
Pool v Houston: #5thCir, in case w/multiple appeals, affirms order vacating attorney fee/expense award given prior panel holding no case or controversy, discusses law-of-case & rule of orderliness #appellatesky #skylaw baffc.net/4bg05L9
January 5, 2026 at 6:13 PM
Pool v Houston: #5thCir, in case w/multiple appeals, affirms order vacating attorney fee/expense award given prior panel holding no case or controversy, discusses law-of-case & rule of orderliness #appellatesky #skylaw baffc.net/4bg05L9