5th Circuit (incl. bankruptcy)

The United States Fifth Circuit includes three states: Louisiana, Mississippi, and Texas. The Federal Circuit Court for the Fifth District is the John Minor Wisdom United States Court of Appeals Building, in New Orleans, LA. The Districts include: the Eastern/Middle/Western Districts of Louisiana, and Northern/Southern districts of Mississippi. Texas is broken down into the Northern/Southern/Eastern/Western districts. 

The Circuit Court is in New Orleans as is the Eastern District court in Louisiana. The Western District court of appeals is in Shreveport, and middle district is in Baton Rouge. The Northern district court in Mississippi is in Oxford and Southern District in Jackson. The Texas courts are as follows: Eastern District is in Beaumont, Northern District in Dallas, Southern District in Houston, and Western District appeals court is in San Antonio, TX. The Panama Canal Circle was also added to the Fifth Circuit in June of 1948.

The Fifth District currently seats 17 active judges, and 9 senior judges are appointed to the bench. Carl E. Stewart is the Chief Justice for the Fifth District Circuit Court System. The 1950s marked an important period in the circuit’s history. With several civil-rights movements litigation, of African-Americans being of prime-focus, “The Fifth Circuit Four” comprising of Chief Judge Elbert Tuttle, John Minor Wisdom, John Brown, and Richard Rives, marked an important period in US History and the advancement of civil-rights movements in later years.

Dixon v. Alabama (1960) was one such case which benefited from “The Fifth Circuit Four” civil-rights cases in the 1950s. This case marked the end of the doctrine which allowed colleges/universities to act in loco parentis in disciplining or expelling students. The case set the precedent in Due Process rights being afforded to students in higher-educational settings. Students must be afforded the “minimal” due process rights, prior to being expelled from universities.

The National Law Review covers a broad range of content coming out of the Fifth Circuit. Among the content covered is NLRB news and agency/administrative news, FCA (False Claims Act) legislation and employee rights in the workplace, overtime legislation, DOL, DoD, EEOC, and other agency-rights groups cases and stories are covered. The National Law Review also includes general content relating to appointments, nominations, administrative decisions, immigration, DACA, USCIS, and other regulatory agency/bodies cases, which are of high importance, or cases which are currently being litigated under these categories at the present time.

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Sep
14
2023
Texas District Court Overturns Portions of the IDR Process McDermott Will & Emery
Nov
2
2023
Suite! Claim Splitting Privity Focuses on Party Relationship, Not Claim Relationship McDermott Will & Emery
Oct
1
2015
An Evaluation of Secondary Meaning Can Consider Both Parties’ Use of the Mark McDermott Will & Emery
Jun
29
2016
Another Court Rejects Claims Based on Differences of Clinical Judgment; Also Rejects Extrapolation Attempt McDermott Will & Emery
Apr
21
2017
Relators Denied Permanent Seal on FCA Case Record after Voluntary Dismissal McDermott Will & Emery
Dec
17
2018
Federal District Court Invalidates Affordable Care Act McDermott Will & Emery
Jun
3
2019
Texas Court Declares Licensing Offer Based on End Device is FRAND, Diverges from California Court in Qualcomm McDermott Will & Emery
Dec
17
2021
McDermottPlus Check-Up: December 17, 2021 McDermott Will & Emery
Mar
3
2022
Message Received: Service of Complaint by Email Found Sufficient McDermott Will & Emery
Sep
8
2022
Thee I Dismiss: No Love for Failure to Add Necessary Party McDermott Will & Emery
Apr
27
2023
Same Old Story: Copyright Discovery Rule Still Applies McDermott Will & Emery
Dec
21
2023
TikTok: Federal Circuit Follows Fifth Circuit, Transfers Case for Witness Convenience McDermott Will & Emery
Sep
13
2011
Copyright Infringement Suit Survives Dismissal Based on Proposed Amended Complaint McDermott Will & Emery
Jun
3
2013
No Termination for “False” Affidavit Where Statement Was Made to the Best of Affiant’s Knowledge: Silver Dream L.L.C. v. 3MC Inc. McDermott Will & Emery
Nov
26
2014
Ineligible Subject Matter in One Court Is Still Ineligible in Another McDermott Will & Emery
May
23
2016
Fifth Circuit Rejects Substantial Authority Defense to Penalties McDermott Will & Emery
Nov
29
2016
Understanding Federal Court Injunction Against DOL’s Revised Overtime Rule and Determining What to Do Next McDermott Will & Emery
Jul
1
2020
Improper Use of Voluntarily Communicated Trade Secrets Sufficient to Maintain Action for Misappropriation in Texas McDermott Will & Emery
Jan
19
2021
Optimism in East Texas McDermott Will & Emery
Sep
23
2021
Discretion to Authorize Hague Alternative Service on Foreign Defendant—It’s All About Time and Cost McDermott Will & Emery
Jan
19
2023
That Stings: Consent to Jurisdiction Must Be Effective at Filing to Invoke Fed. R. Civ. P. 4(k)(2) McDermott Will & Emery
Apr
28
2023
MCDERMOTTPLUS CHECK-UP: APRIL 28, 2023 McDermott Will & Emery
Aug
7
2013
Federal Jury Finds Horse Association Guilty of Antitrust Conspiracy and Monopolization McDermott Will & Emery
Dec
1
2014
Procedural Missteps Cause Fifth Circuit to Affirm Judgment, Fee Award McDermott Will & Emery
Mar
22
2016
Fifth Circuit Affirms Summary Judgment Where Whistleblower Offered No Evidence of Requisite Scienter McDermott Will & Emery
Jun
30
2016
Most-Favored Licensee Entitled to Refund of 99 Percent of Lump Sum Royalty McDermott Will & Emery
Aug
14
2017
Online Retailer Pleads Guilty in Conspiracy Effectuated Through Social Media McDermott Will & Emery
Nov
13
2020
It’s Dangerous Out There: COVID-19 in Texas Court McDermott Will & Emery
Feb
16
2023
Things May Be Bigger in Texas, but Not Necessarily More Convenient McDermott Will & Emery
Mar
31
2023
McDermott+Consulting Check-Up: March 31, 2023 McDermott Will & Emery
Feb
26
2015
Nationwide Mutual Insurance Co. v. Gum Tree Prop. Management, LLC: Duty to Defend Only Triggered Where Subject Activities Are Specified in the Policy McDermott Will & Emery
May
28
2015
Party Over for Claimed Mardi Gras Bead Dog Trademarks re: Trademark Validity McDermott Will & Emery
Mar
30
2016
Opening Brief Filed Before Fifth Circuit in Appeal of Largest False Claims Act Judgment McDermott Will & Emery
Dec
22
2017
Two Federal Preemption Cases, One Consistent Outcome McDermott Will & Emery
Mar
21
2018
The Fifth Circuit Puts an End to the Madness with its March Opinion McDermott Will & Emery
 

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