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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Oct
25
2016
Texas Federal Court Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules Jackson Lewis P.C.
Nov
30
2016
Fifth Circuit Court Denies Preliminary Injunction Request in Legal Challenge to OSHA’s Electronic Recordkeeping Rule Jackson Lewis P.C.
Jul
21
2021
Judge Again Finds DACA Program Illegal, Blocks New Applications, Allows Renewals Jackson Lewis P.C.
Mar
18
2024
Labor Department Provides Guidance on FLSA Pump-at-Work Protections for School Employees Jackson Lewis P.C.
Jun
3
2015
Fifth Circuit Narrows Its Holding Regarding Waiver of FLSA Claims Without Supervision; Fair Labor Standards Act Jackson Lewis P.C.
Dec
17
2015
Ohio Federal Court Rejects Challenge to Application of Companionship Exemption to Home Health Aide Jackson Lewis P.C.
Nov
23
2016
Texas Court Grants Nationwide Preliminary Injunction Enjoining Department of Labor from Implementing or Enforcing Regulation Raising Salary Level for White Collar Exemptions Jackson Lewis P.C.
Jan
25
2017
DOL Requests Additional Time to “Consider Issues” Before Filing Reply In Support of Salary Basis Rule Jackson Lewis P.C.
Feb
22
2017
Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule Jackson Lewis P.C.
Aug
28
2017
Top 5 Things to Know About Workplace Language Rules Jackson Lewis P.C.
Apr
3
2024
What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers Jackson Lewis P.C.
Feb
4
2014
Police Officer’s Facebook Rants Not Protected Speech under the First Amendment, Federal Court Rules Jackson Lewis P.C.
Jan
21
2015
Chapter Two: Lawsuits Filed Challenging NLRB’s New Election Rules Jackson Lewis P.C.
Sep
7
2016
Fifth Circuit: Evidence That Not All Employees Received or Were Trained on Employer’s Harassment Policy Sufficient to Create Fact Issue on Faragher/Ellerth Defense Jackson Lewis P.C.
Dec
12
2016
Texas AFL-CIO Files Motion to Intervene in DOL Final Rule Lawsuit, Citing Trump Administration’s Anticipated Change of Course Jackson Lewis P.C.
Jul
13
2017
Telecommuting May Not Be A Reasonable Accommodation Jackson Lewis P.C.
Dec
14
2021
U.S. Supreme Court to Consider Whether Airline Ramp Worker Meets FAA Transportation Worker Exemption Jackson Lewis P.C.
Jun
11
2015
When a Deferred Compensation Plan Qualifies for “Top-Hat” Plan Status under ERISA Jackson Lewis P.C.
Jun
20
2016
Another Court of Appeals Upholds NLRB’s ‘Micro-Unit’ Policy for Union Elections Jackson Lewis P.C.
Sep
8
2016
Inconsistent Policy Application By Employer Allows Age Discrimination Claim To Survive Summary Judgment Jackson Lewis P.C.
Oct
4
2016
Applying Delaware Law, Federal Trial Court in Texas Determines that Restrictive Covenants in Incentive Stock Agreements Are Overbroad and Unenforceable as Written Jackson Lewis P.C.
Dec
13
2016
Fifth Circuit Upholds Micro-Bargaining Unit at Retailer, But Dissent Finds Labor Board’s Legal Standard Wanting Jackson Lewis P.C.
May
17
2017
The Fifth Circuit Calls Into Question Its Standard Of Review In ERISA Denial Of Benefits Cases Jackson Lewis P.C.
Jul
13
2018
Restaurant Industry Association Files Suit Challenging “80/20” Rule Jackson Lewis P.C.
Jan
13
2021
Fifth Circuit Rejects Two-Step Approach for Certifying FLSA Collective Actions Jackson Lewis P.C.
Jul
28
2021
Parties, Start Your Engines: Snap Removals and Defeating Incomplete Diversity Jackson Lewis P.C.
Feb
18
2022
Jackson Lewis Class Action Trends Report 2022: COVID-19 Vaccine Mandate Litigation Jackson Lewis P.C.
Jul
1
2022
Class Action Trends Report: Other Class Action Developments Jackson Lewis P.C.
Aug
29
2022
Cable Technicians Were Exempt Commissioned Employees, Fifth Circuit Concludes Jackson Lewis P.C.
Apr
24
2014
Policy Restricting Employees from Discussing Wage Info with Outsiders Ruled Unlawful Jackson Lewis P.C.
Sep
25
2014
Failure To Report For Random Drug Test Defeats Employee’s ADA Suit Jackson Lewis P.C.
Jun
17
2015
Circuits Split on Government Warrantless Search of Electronic Data Jackson Lewis P.C.
Nov
3
2015
Fifth Circuit Affirms Rejection of Texas Choice-of-Law as to Oklahoma-Based Employees for Non-Compete Provisions, But Allows Texas Law to Apply to Non-Solicitation Provisions Jackson Lewis P.C.
Dec
21
2015
No GINA Violation for Alternate Duty Assignment after Firefighter Refused Compliance with ‘Mandatory Wellness Program’ Jackson Lewis P.C.
Feb
23
2016
Car Leasing Employee’s Equal Pay Discrimination Claim Proceeds, Mississippi Federal Court Rules Jackson Lewis P.C.
 

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