⚖ Oral Arguments, with Context

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Gaither v. Carter — 5th Cir. (Aug 5, 2026)

No. 25-10983 Argued August 5, 2026 Published August 11, 2026; updated August 21, 2026

The Fifth Circuit hears Gaither versus Carter. Charles Gaither says Bank of America employees discriminated against him because of race when he tried to pay off his mortgage in 2020; the bank says the complaint describes mistakes, not discrimination. The district court dismissed his claims under Section 1981, the federal ban on race discrimination in contracts, and Texas law. James Close of Clouthier Law represents Gaither and will ask to amend the complaint, contending that the filing deadline should be tolled because Gaither learned the alleged motive later. Dylan Bensinger of McGuireWoods represents Bank of America and Jessica Carter and will defend the dismissal as late and inadequately pleaded. On August 18, 2026, the court affirmed in an unpublished opinion. It held that Gaither missed the four-year deadline and had not alleged reasonable diligence or an extraordinary circumstance that prevented timely filing. The court did not decide whether the alleged conduct showed race discrimination.

Gaither v. Carter (No. 25-10983) — U.S. Court of Appeals for the Fifth Circuit, argued August 5, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Fifth Circuit (public domain, 17 U.S.C. § 105):https://www.ca5.uscourts.gov/OralArgRecordings/25/25-10983_8-5-2026.mp3
Argument listing — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/oral-argument-recordings/results?from=2026-08-05&to=2026-08-12
Argument calendar — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/court-calendars/sitting?d=2026-08-05
Opinion index — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/opinions?docket=25-10983
Opinion — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/opinions/unpub/25/25-10983.0.pdf
James R. Close — Clouthier Law:https://www.clouthierlaw.com/lawyers/james-r-close/
Dylan M. Bensinger — McGuireWoods:https://www.mcguirewoods.com/people/b/dylan-m-bensinger/

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