Cory Todd Wilson

How Judge Wilson rules, drawn from 43 signed orders. Every observation links to the order it came from.

Court
U.S. Court of Appeals for the Fifth Circuit
Position
circuit
Appointed by
Donald Trump (Republican)
Commissioned
2020-07-02
ABA rating
Well Qualified
Education
University of Mississippi (B.B.A., business administration, summa cum laude, 1992); Yale Law School (J.D., 1995)
Signed orders read
43

How Judge Wilson decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He follows controlling circuit precedent unless intervening higher-court authority unequivocally displaces it, even when later doctrine casts doubt on the earlier rule.

“A mere ‘hint’ from the Court as to how it might rule in the future is not enough to circumvent our rule of orderliness and disregard our circuit precedent.”

He confines agency action to authority Congress actually granted and rejects an attempt to obtain indirectly a determination the governing statute does not authorize.

“Our holding is limited to proscribing the FERC’s directive that the ALJ affirmatively determine ‘the reasonable cost to complete such activities,’ a power that the NGA does not confer upon the FERC.”

When an agency invokes a privacy exemption from disclosure, he places the burden on the agency to overcome the presumption favoring public access.

“The agency bears the burden of establishing that ‘the overall privacy interests of the individual clearly outweigh the presumption of public disclosure.’”

Procedural preferences

He requires enough explanation in discretionary discovery rulings to permit meaningful appellate review and will vacate a bare order without reaching the underlying merits.

“We agree that the district court abused its discretion by failing to articulate any reasons for its ruling.”

Once trial is underway, he requires a legally relevant finding that a seated juror cannot serve before permitting replacement.

“But the district court abused its discretion by dismissing a juror after the jury was seated and trial was underway without any finding that she was unable to serve for a legally relevant reason.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Rivero v. Fidelity Investments, Inc.
20-40371 · 2021-06-10
Appeal (appellant) Denied

“The primary question is whether the Declaratory Judgment Act's ('DJA') federal-tax exception is a jurisdictional condition, requiring dismissal, or a nonjurisdictional condition, which may be waived. Concluding it is jurisdictional, we AFFIRM.”

E.T. v. Paxton
21-51083 · 2021-12-01
Stay pending appeal (appellant) Granted

“Because we conclude the Nken factors weigh in favor of granting a stay pending the resolution of this appeal on its merits, Attorney General Paxton's emergency motion is GRANTED, and the district court's injunction prohibiting the enforcement of GA-38 in Texas public schools is hereby STAYED pending appeal.”

United States v. Lyons
20-50307 · 2022-02-07
Appeal (appellant) Denied

“Marvin Wayne Lyons, Jr. asserts the district court abused its discretion in denying his motion for a sentence reduction under Section 404 of the First Step Act of 2018 ... Finding no abuse of discretion, we AFFIRM.”

United States v. McGavitt
20-20575 · 2022-03-11
Appeal (appellant) Denied

“McGavitt now appeals, challenging the application of three sentencing enhancements. We affirm. ... The sentence imposed by the district court is AFFIRMED.”

Thomas v. Ameritas Life Insurance Corp.
21-30254 · 2022-05-12
Appeal (appellant) Denied

“After a bench trial, the district court concluded Ameritas was bound by Alfred's errors and omissions and found for Thomas. We affirm. ... AFFIRMED.”

United States v. Vargas
21-20140 · 2022-05-31
Appeal (appellant) Denied

“we cannot say here that Kisor unequivocally overruled our precedent holding that § 4B1.1's career-offender enhancement includes inchoate offenses like conspiracy. ... Accordingly, the district court's judgment is AFFIRMED.”

Midship Pipeline Co., L.L.C. v. FERC
22-60225 · 2022-08-18
Petition for review (petitioner) Granted

“We conclude this dispute is ripe for our review and vacate the provision of the FERC's order requiring a determination of 'reasonable cost.' We otherwise remand for further proceedings.”

Rogers v. Hall
21-60533 · 2022-08-19
Appeal (appellant) Denied

“As the district court did, we begin -- and conclude -- our analysis by addressing whether the defendants' conduct violated clearly established law. It did not. ... AFFIRMED.”

United States v. Mamoth
21-40422 · 2022-08-29
Appeal (appellant) Denied

“Because Mamoth fails to show reversible error, we affirm. ... AFFIRMED.”

Agustin-Matias v. Garland
21-60288 · 2022-09-09
Petition for review (petitioner) Denied

“Agustin-Matias's argument on this issue lacks merit. ... PETITION DENIED.”

United States v. Hankton
16-30995 · 2022-10-14
Appeal (appellant) Granted in part

“Telly Hankton, Andre Hankton, Walter Porter, and Kevin Jackson were convicted of numerous crimes stemming from their participation in a violent New Orleans street gang. We affirm their convictions in large part, vacate in part, and remand for further proceedings.”

Community Financial Services Association of America, Ltd. v. Consumer Financial Protection Bureau
21-50826 · 2022-10-19
Appeal (appellant) Granted in part

“We agree that, for the most part, the Plaintiffs' claims miss their mark. But one arrow has found its target: Congress's decision to abdicate its appropriations power under the Constitution, i.e., to cede its power of the purse to the Bureau, violates the Constitution's structural separation of powers. We thus reverse the judgment of the district court, render judgment in favor of the Plaintiffs, and vacate the Bureau's 2017 Payday Lending Rule.”

Caseload & timing

From public federal docket records for this judge.

Circuit judges do not manage an assigned federal trial docket in their appellate role. Wilson previously served on the Mississippi Court of Appeals; his nomination to a federal district judgeship was withdrawn before he served in that role.

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