Cert. granted: Pending (Does Not Include Habeas and Criminal)
Style Summary CA5 Oral Argument Questions Presented U.S. Oral Argument Result
Dolgencorp, Inc. v. Mississippi Band of Choctaw Indians, No. 12-60668 (3/14/14), reh'g denied (3/14/14) FCCN CA5 Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members? (12/7/15)  
Fisher v. University of Texas at Austin, No. 09-50822 (7/15/14), reh'g denied (11/12/14) FCCN CA5 (1) CA5 (2) Whether the Fifth Circuit's re-endorsement of the University of Texas at Austin's use of racial preferences in undergraduate admissions decisions can be sustained under this Court's decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Fisher v. University of Texas at Austin, 133 S. Ct. 2411 (2013). (12/9/15)  

 

 

Cert. granted: Decided (Most Recent "Result" First)
Style Summary CA5 Oral Argument Questions Presented U.S. Oral Argument Result
The Inclusive Communities Project, Inc. v. Texas Department of Housing & Community Affairs, No. 12-11211 (3/24/14), on remand (8/6/15) FCCN CA5 "Are disparate-impact claims cognizable under the Fair Housing Act?" transcript (1/21/15) aff'd (6/25/15)
Texas Division, Sons of Confederate Veterans, Inc. v. Vandergriff, No. 13-50411 (7/14/14), on remand (7/28/15) FCCN CA5 "1. Do the messages and symbols on state-issued specialty license plates qualify as government speech immune from any requirement of viewpoint neutrality?" transcript (3/23/15) rev'd (6/18/15)
"2. Has Texas engaged in 'viewpoint discrimination' by rejecting the license-plate design proposed by the Sons of Confederate Veterans, when Texas has not issued any license plate that portrays the confederacy or the confederate battle flag in a negative or critical
light?"
ASARCO, LLC v. Jordan, Hyden, Womble, Culbreth & Holzer, PC, No. 12-40997 (4/30/14) FCCN CA5 "[W]hether [11 U.S.C.] § 330(a) grants bankruptcy judges discretion to award compensation for the defense of a fee application." transcript (2/25/15) aff'd (6/15/15)
Mata v. Lynch, No. 13-60253 (unpublished) (3/5/14), reh'g denied (5/16/14)     "Whether the Fifth Circuit Court of Appeals erred in this case in holding that it has no jurisdiction to review Petitioner's request that the Board equitably toll the 90-day deadline on his motion to reopen as a result of ineffective assistance of counsel under 8 C.F.R. § l003.2(c)(2)." transcript (4/29/15) rev'd (6/15/15)
Nobach v. Woodland Village Nursing Center, Inc., No. 13-60378 (8/7/14), on remand (8/20/15)     None: The Court granted, vacated and remanded without specifying questions. None GVR (6/8/15)
Viegelahn v. Harris, No. 13-50374 (7/7/14), on remand (6/24/15) FCCN None "Whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13 trustee are refunded to the debtor (as the Third Circuit held in In re Michael, 699 F.3d 305 (2012) or distributed to creditors (as the Fifth Circuit held below)." transcript (4/1/15) rev'd (5/18/15)
Kopp v. Klein, No. 12-10416 (7/9/13), reh'gs denied (8/9/13), on remand (8/7/14) FCCN CA5 None: The Court granted, vacated and remanded without specifying questions. None GVR (7/1/14)
Gibson v. Kirkpatrick, No. 12-60905 (10/29/13) FCCN CA5 None: The Court granted, vacated and remanded without specifying questions. None GVR (6/30/14)
Erica P. John Fund, Inc. v. Halliburton Co., No. 12-10544 (4/30/13), reh'gs denied (6/11/13), cert. granted (11/15/13) FCCN CA5 "1. Whether this Court should overrule or substantially modify the holding of Basic Inc. v. Levinson, 485 U.S. 224 (1988), to the extent that it recognizes a presumption of classwide reliance derived from the fraud-on-the-market theory." transcript (3/5/14) vacated and remanded (6/23/14)
"2. Whether, in a case where the plaintiff invokes the presumption of reliance to seek class certification, the defendant may rebut the presumption and prevent class certification by introducing evidence that the alleged misrepresentations did not distort the market price of its stock."
Tolan v. Cotton, No. 12-20296, reh'g en banc denied (8/1/13) FCCN None None: The Court granted, vacated and remanded without specifying questions. None GVR (5/5/14)
Troice v. Chadbourne & Park, LLP, No. 11-11031 (3/19/12), reh'gs denied (4/19/12), cert. granted (1/18/13) FCCN CA5 "Whether [the Securities Litigation Uniform Standards Act of 1998 ('SLUSA')] precludes a state-law class action alleging a scheme of fraud that involves misrepresentations about transactions in SLUSA-covered securities." transcript (10/7/13) affirmed (2/26/14)
"[W]hether a covered state law class action complaint that unquestionably alleges 'a' misrepresentation 'in connection with' the purchase or sale of a SLUSA-covered security nonetheless can escape the application of SLUSA by including other allegations taht are farther removed from a covered securities transaction."
"[Whether SLUSA] ... prohibits private class actions based on state law only where the alleged purchase or sale of a covered security is 'more than tangentially related' to the 'heart, crux or gravmen' of the alleged fraud[.]"
Mississippi ex rel. Hood v. AU Electronics Corp., 12-60704 (11/21/12), reh'gs denied (2/4/13), cert. granted (5/28/13), remanded to S.D. Miss. (3/19/14) FCCN CA5 "Whether a state's parens patriae action is removable as a 'mass action' under the Class Action Fairness Act when the state is the sole plaintiff, the claims arise under state law, and the state attorney general possesses statutory and common-law authority to assert all claims in the complaint." transcript (11/6/13) reversed (1/14/14)
Woods v. United States, No. 11-50487 (6/6/12), cert. granted (3/25/13) FCCN None "Whether the overstatement penalty [26 U.S.C. § 6662] applies to an underpayment resulting from a determination that a transaction lacks economic substance because the sole purpose of the transaction was to generate a tax loss by artificially inflating the taxpayer's basis in property." transcript (10/9/13) reversed (12/3/13)
"Whether the district court had jurisdiction in this case under 26 U.S.C. § 6226 to consider the substantial valuation misstatement penalty."
In re Atlantic Marine Construction Co., No. 12-50826 (11/19/12), cert. granted (4/1/13) FCCN CA5 "[Whether] the Court's decision in Stewart Organization, Inc. v. Ricoh Corp., 487 U.S. 22 (1988), changed the standard for enforcement of clauses that designate an alternative federal forum, limiting review of such clauses to a discretionary, balancing-of-conveniences analysis under 28 U.S.C. § 1404(a)[.]" transcript (10/9/13) reversed (12/3/13)
"If so, how should district courts allocate the burdens of proof among parties seeking to enforce or to avoid a forum-selection clause[.]"
Fisher v. University of Texas at Austin, No. 09-50822 (1/18/11), reh'g en banc denied (6/17/11), cert. granted (2/21/12) FCCN CA5 (8/3/10); CA5 (11/13/13) "Whether this Court's decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Grutter v. Bollinger, 539 U.S. 306 (2003), permit the University of Texas at Austin's use of race in undergraduate admissions decisions." transcript (10/10/12) vacated and remanded (6/24/13)
Nassar v. University of Texas Southwestern Medical Center, No. 11-10338 (3/8/12), reh'gs denied (7/19/12), cert. granted (1/18/13) FCCN None "Whether Title VII's retaliation provision and similarly worded statutes require a plaintiff to prove but-for causation (i.e., that an employer would not have taken an adverse employment action but for an improper motive), or instead require only proof that the employer had a mixed motive (i.e., that an improper motive was one of multiple reasons for the employment action)." transcript (4/24/13) vacated and remanded (6/24/13)
City of Arlington v. Federal Communications Commission, No. 10-60039 (1/23/12), cert. granted (10/5/12) FCCN CA5 "Whether, contrary to the decisions of at least two other circuits, and in light of this Court's guidance, a court should apply Chevron to review an agency's determination of its own jurisdiction[.]" transcript (1/16/13) affirmed (5/20/13)
Moncrieffe v. Holder, No. 60826 (11/8/11), cert. granted (4/2/12) FCCN None "Whether a conviction under a provision of state law that encompasses but is not limited to the distribution of a small amount of marijuana without remuneration constitutes an aggravated felony, notwithstanding that the record of conviction does not establish that the alien was convicted of conduct that would constitute a federal law felony." transcript (10/10/12) reversed and remanded (4/23/13)