Leslie Harburd Southwick
How Judge Southwick rules, drawn from 70 signed orders. Every observation links to the order it came from.
About Judge Southwick
Leslie Southwick is a judge of the United States Court of Appeals for the Fifth Circuit. Appointed by President George W. Bush, Judge Southwick received a commission on October 29, 2007.
Judge Southwick's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Southwick's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
How Judge Southwick decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A defamation claim failed where the challenged speaker used caustic language to characterize publicly disclosed facts without implying reliance on undisclosed information.
“Sharpe’s statements were his ‘strongly stated’ opinions ‘based on truthful established fact[s],’ and thus nonactionable.”
Under Texas law, an automobile policy's payment of actual cash value did not include taxes and fees associated with buying a replacement vehicle.
“actual cash value, which is the equivalent of ‘fair market value[,] does not include the taxes and fees payable to purchase a replacement vehicle’ under Texas law.”
An administrative record containing years of medical documents, agency consultation, physician findings, and family testimony was sufficiently developed without another consultative examination.
“Nothing in the record suggests that the ALJ needed any more medical information to reach an informed decision about whether Webster was disabled. The ALJ’s decision was based upon substantial evidence in a sufficiently developed record, and he did not err in declining to order the CE.”
In United States v. Kirkwood, he held that the restitution statute did not cover lost income caused solely by psychological harm without accompanying bodily injury.
“We conclude that the MVRA does not allow restitution for lost income when there is no accompanying bodily injury. Those are our facts — purely psychological harm — and we need decide no more than that.”
In MAPP’s arbitration dispute, he found that the company knew of the unequal terms but had little choice but to accept them to obtain the contract.
“Together, the evidence relevant to the four factors demonstrates that MAPP was sufficiently aware of the unequal terms but that it had little choice but to accept them in order to obtain the contract.”
In a tort claim, Southwick treated the officer’s alleged failure to carry out protective steps as a separate claim from misrepresentation, despite her earlier promise to help.
“Since the essence of the facts on which Morris bases her claim is not misrepresentation, the district court erred in holding that the misrepresentation exception applies.”
Procedural preferences
In the grand-jury subpoena appeal, he found no appellate jurisdiction and held that the subpoena recipients must comply or incur contempt to seek review.
“We lack jurisdiction over the appeal, and PAA and Black must either comply with the subpoena or be held in contempt to seek this court’s review.”
In United States v. Dubois, he found error in delegating the choice of inpatient or outpatient treatment to the probation office.
“We hold that giving that determination to the probation office was error.”
In Wilson’s class action, he treated the plaintiffs’ claimed economic harm as sufficient for standing while leaving their ability to recover under governing law as a separate question.
“Because the Plaintiffs’ ability to recover for a claim ‘under governing law is a separate question’ from standing, ‘it is sufficient for standing purposes that the Plaintiffs seek recovery for an economic harm that they allege they have suffered.’”
Cautions
A setoff defense was forfeited when it was not raised before final judgment, despite later appellate proceedings and a petition for Supreme Court review.
“Because Magness failed to raise his setoff defense before the district court’s entry of final judgment, he has forfeited that defense.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We VACATE the district court's final judgment and REMAND for the district court to DISMISS the case for lack of jurisdiction.”
“We AFFIRM the dismissal of Swindol's defamation claim. We REVERSE the dismissal of the wrongful discharge claim and REMAND.”
“We VACATE the judgment of the district court and REMAND to that court with instructions to remand the case to the Texas state court from which it came.”
“AFFIRMED in part, VACATED in part, and REMANDED for further proceedings.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not manage individually assigned federal trial cases in their appellate role. Southwick's prior judicial service was on the Mississippi Court of Appeals; his federal district-court nomination lapsed without confirmation.
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