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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Dec
6
2013
Fifth Circuit Upholds The Validity Of Class-Action Waivers In Arbitration Agreements Sheppard, Mullin, Richter & Hampton LLP
May
15
2020
Fifth Circuit: Client Identity Not Privileged in IRS Probe Sheppard, Mullin, Richter & Hampton LLP
Jul
18
2010
United States District Court For The Southern District Of Texas Deprives Battlefield Contractors Of The Protections Of The Defense Base Act Sheppard, Mullin, Richter & Hampton LLP
Jun
11
2014
EIR Air Quality Analysis Insufficient: Lack of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, and Evidence Supporting Measures’ Effectiveness in Substantially Reducing Air Quality Impacts Blamed Sheppard, Mullin, Richter & Hampton LLP
Feb
8
2021
What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year? Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2013
Lenders Beware -- Fifth Circuit Has Lowered the Bar for Cramdown Plan Confirmation Sheppard, Mullin, Richter & Hampton LLP
Oct
28
2014
Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2023
Federal Court Issues Nationwide Injunction of CFPB’s Small Business Lending Rule Sheppard, Mullin, Richter & Hampton LLP
Apr
19
2018
Title VII In Transition? Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals Sheppard, Mullin, Richter & Hampton LLP
May
9
2022
SCOTUS to Determine Whether Highly Compensated Employees Are Entitled to Overtime Pay Sheppard, Mullin, Richter & Hampton LLP
Mar
17
2011
First Section 2 Monopolization Case Of the Obama Administration Targets Dominant Texas Health Care Provider Sheppard, Mullin, Richter & Hampton LLP
Aug
20
2019
Fifth Circuit Affirms Enron Broker Not Liable to Employee Stock Option Holders for False or Withheld Information Sheppard, Mullin, Richter & Hampton LLP
Nov
7
2023
Caught in the Web: Hospital Associations Sue OCR on Third-Party Web Tracking Guidance Sheppard, Mullin, Richter & Hampton LLP
Nov
17
2016
Unpersuasive: Federal Judge Invalidates DOL’s New Persuader Rule Sheppard, Mullin, Richter & Hampton LLP
Dec
19
2018
Texas v. United States: Texas Federal Court “Strikes Down” the ACA Sheppard, Mullin, Richter & Hampton LLP
Jul
27
2019
Title VII Reversal: Fifth Circuit Holds No Transgender Protections Under Civil Rights Statute Sheppard, Mullin, Richter & Hampton LLP
Aug
25
2020
Fifth Circuit Affirms Dismissal Section 14(a) Complaint For Failure to Plead Facts Demonstrating Alleged Omissions from Proxy Statement Were Misleading Sheppard, Mullin, Richter & Hampton LLP
Sep
22
2020
Fifth Circuit Affirms Attorney’s Fee Award of $2.3 million in Misappropriation Case Against Former Employee who Failed to Comply with Court’s Objections Order Sheppard, Mullin, Richter & Hampton LLP
May
9
2022
Signed, Sealed, Delivered? Fifth Circuit Finds Sealing of Sensitive Information Requires Far More Than a Protective Order Sheppard, Mullin, Richter & Hampton LLP
Feb
21
2023
Missed Assignments: The Importance of Assignability Clauses in Restrictive Covenant Agreements Sheppard, Mullin, Richter & Hampton LLP
Jun
22
2013
Fifth Circuit Holds That Securities Fraud Defendants May Not Rebut the Fraud-on-the-Market Presumption at the Class Certification Stage Through Evidence of No Price Impact Sheppard, Mullin, Richter & Hampton LLP
Sep
22
2020
Clash of Game Companies: Lessons learned from GREE and Supercell Dispute Sheppard, Mullin, Richter & Hampton LLP
Aug
1
2023
Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal Sheppard, Mullin, Richter & Hampton LLP
Sep
26
2023
FTC Sues Private Equity Firm and Anesthesiology Practice for Antitrust Violations Sheppard, Mullin, Richter & Hampton LLP
Dec
10
2021
CMS Suspends Vaccine Mandate Enforcement for Healthcare Workers Sheppard, Mullin, Richter & Hampton LLP
Mar
25
2022
Fifth Circuit Upholds ACA Risk Adjustment Program Sheppard, Mullin, Richter & Hampton LLP
Nov
13
2015
A Blow to the President's Effort to Enact Deferred Action and Authorize Employment for Parents of US Citizens Poyner Spruill LLP
May
21
2010
Lenders Beware: The Threat of Equitable Subordination in Bankruptcy Cases Poyner Spruill LLP
Sep
30
2015
DOL Gets Reined: In Fifth Circuit Court of Appeals Says the Agency Pushed Too Far in Worker Misclassification Case Poyner Spruill LLP
Dec
5
2013
Fifth Circuit Overrules NLRB – U.S. Employers Can Require Employees to Resolve Disputes on Individual Basis, Not by Class Action Michael Best & Friedrich LLP
Jul
27
2017
DOL Issues Information Request Regarding Overtime Regulations Michael Best & Friedrich LLP
Mar
3
2014
Avoiding Liability for Retaliation Claims under Dodd-Frank and Other Laws Michael Best & Friedrich LLP
Nov
23
2016
Nationwide Injunction Blocks Overtime Pay Regulations Michael Best & Friedrich LLP
Mar
16
2011
No, EPA Can’t Require a NPDES Permit Without an Actual Discharge! (Take II) Michael Best & Friedrich LLP
Nov
29
2016
OSHA Anti-Retaliation Injunction Denied Michael Best & Friedrich LLP
 

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