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
20
2022
Fifth Circuit Affirms Injunction Preventing Enforcement of Contractor Vaccine Mandate Against Louisiana, Indiana, and Mississippi Proskauer Rose LLP
Dec
13
2022
Damages in Pre-Certification Discovery are Premature, Discovery Limited to Numerosity and Ascertainability Troutman Amin, LLP
Dec
6
2022
Criminal Charges Unsealed Against 12 Individuals in Wide-Ranging Scheme to Monopolize Transmigrante Industry and Extort Competitors Near U.S.-Mexico Border The U.S. Department of Justice
Dec
5
2022
Group Home Owners Sentenced in $1 Million Medicare Fraud Scheme The U.S. Department of Justice
Nov
29
2022
If There Is a Constitutional Right to Earn a Living, What Happens to OSHA? Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
23
2022
CFPB Seeks Supreme Court Appeal of Funding Ruling Cadwalader, Wickersham & Taft LLP
Nov
21
2022
New DACA Rule Reflects Court’s Limitations Jackson Lewis P.C.
Nov
17
2022
It's Ultra-Complicated: Fifth Circuit and Delaware Bankruptcy Court Decisions Widen Rifts on Make-Whole Premiums and Postpetition Interest ArentFox Schiff LLP
Nov
17
2022
Message to Judge Albright: Venue Motions Are First Order of Business McDermott Will & Emery
Nov
9
2022
Federal Court Finds In-Home Caregivers Were Employees, Not Independent Contractors, Under ‘Economic Realities/Control’ Test Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
8
2022
Class Action Litigation Newsletter | Fall 2022 Greenberg Traurig, LLP
Nov
7
2022
"Fatal Means Fatal": 5th Circuit's Broad Read of 363(m) Continues to Moot Section 363 Appeals after the Sale Bracewell LLP
Nov
6
2022
Louisiana Man Pleads Guilty to Conspiring to Compel Labor by Three Minors and to Transporting a Minor with Intent to Engage in Criminal Sexual Activity The U.S. Department of Justice
Nov
4
2022
CFSAA v. CFPB: Unpacking the Fifth Circuit Decision That CFPB’s Funding Structure Violates the Constitution [VIDEO] Bradley Arant Boult Cummings LLP
Nov
1
2022
Unconstitutional ‘Self-Actualizing, Perpetual Funding Mechanism’ May Pose New Problem for Consumer Financial Protection Bureau Miller Canfield
Nov
1
2022
Equitable Mootness No Bar to “Slicing & Dicing” Exculpation Clause From Confirmation Order Squire Patton Boggs (US) LLP
Oct
31
2022
Fifth Circuit Widens Availability of Federal Jurisdiction in Property Insurance Disputes Wilson Elser Moskowitz Edelman & Dicker LLP
Oct
27
2022
TCPAWorld Afterdark: Huge Compliance (TCPA/CFPB) Update w the Famous Legal Czar– Eric J Troutman (“Amazing Presenter”) [VIDEO] Troutman Amin, LLP
Oct
25
2022
Another Favorable DTI Decision Stark & Stark
Oct
24
2022
Chamber of Commerce Challenges CFPB Anti-Bias Focus Concerning AI Squire Patton Boggs (US) LLP
Oct
24
2022
Supreme Court Considers Whether “Highly Compensated” Employees Paid on a “Day Rate” Basis Are Overtime-Exempt Under FLSA Jackson Lewis P.C.
Oct
21
2022
Here We Go Again: Fifth Circuit Rules CFPB’s Funding Mechanism Is Unconstitutional, Vacates Payday Lending Rule Greenberg Traurig, LLP
Oct
20
2022
Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question Bradley Arant Boult Cummings LLP
Oct
20
2022
Full Fifth Circuit to Rehear Case Challenging Its ‘Ultimate Employment Decisions’ Rule Jackson Lewis P.C.
Oct
20
2022
THE CFPB IS DEAD (FOR NOW)!: Fifth Circuit (Correctly) Holds the CFPB’s Funding Was Unconstitutional–Strikes Down Pay Day Lending Rules (and A Lot More) Troutman Amin, LLP
Oct
19
2022
Eastern District of Texas Holds Willful Infringement Knowledge Requirement May Be Satisfied by Informing Non-Party of Infringement Claims Before Adding That Party as a Defendant Mintz
Oct
18
2022
Fifth Circuit Says A Solvent Debtor Must Pay According To The Contract – No Doubt About It Squire Patton Boggs (US) LLP
Oct
17
2022
Supreme Court Takes Up FLSA High Earners Exemption Polsinelli PC
Oct
12
2022
EEOC’s LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law [VIDEO] Epstein Becker & Green, P.C.
Oct
7
2022
Texas District Court Holds EEOC Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful Proskauer Rose LLP
Oct
6
2022
Appeals Court Ruling Puts DACA Program In Limbo Barnes & Thornburg LLP
Oct
5
2022
Court Transfers Keller Williams Case to Texas: Learn More About the First-Filed Rule! Troutman Amin, LLP
Oct
4
2022
Failing to Cite? Say Bye to Employment Claims in the 5th Circuit Bradley Arant Boult Cummings LLP
Sep
20
2022
Litigating Spoliation Claims in Trade Secret Cases: Recent Trends Toward Terminating Sanctions ArentFox Schiff LLP
Sep
13
2022
Examining Joint-Employer Liability for Texas Workers’ Compensation Retaliation Claims Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
13
2022
Swales Has Minimal Impact in Maximus’s Bid to Pause Collective Action Pending Appeal Hunton Andrews Kurth
Sep
12
2022
An Important Routine: “Routine Practice Evidence” Carries the Day for TCPA Defendant on Summary Judgment Troutman Amin, LLP
Sep
12
2022
Split Fifth Circuit Panel Upholds $14.25 Million Clean Air Act Decision Hinging on Standing Issues ArentFox Schiff LLP
Sep
9
2022
Top Five Labor Law Developments for August 2022 Jackson Lewis P.C.
Sep
8
2022
Thee I Dismiss: No Love for Failure to Add Necessary Party McDermott Will & Emery
Sep
8
2022
Bayou Jambalaya: Sanction Motions, Motions to Vacate and Trade Dress Injunctions McDermott Will & Emery
Sep
7
2022
Fifth Circuit Condemns Texas Transmission ROFR Law on Constitutional Grounds Bracewell LLP
Sep
6
2022
Fake It Until You Make It (TCPA Edition): Plaintiff Who Faked Interest and Requested Calls Can Still Sue For Calls She Requested, Court Holds Troutman Amin, LLP
Aug
30
2022
Employee’s Fiduciary Duty May Not Be Limited To His Or Her Employer Winstead
Aug
30
2022
Court Held That Those In Control Of A Limited Liability Company May Owe Fiduciary Duties To The Company And Its Members Winstead
Aug
29
2022
Insufficient Evidence: Fifth Circuit Affirms Denial of Preliminary Injunction for Trade Secret Misappropriation Sheppard, Mullin, Richter & Hampton LLP
Aug
29
2022
Cable Technicians Were Exempt Commissioned Employees, Fifth Circuit Concludes Jackson Lewis P.C.
Aug
26
2022
Fifth Circuit Rules that DOL Advisory Opinion Is Subject to Judicial Review and Invalidates DOL Advisory Opinion on Health Insurance Proskauer Rose LLP
Aug
25
2022
Fifth Circuit Affirms Dismissal of Walker Process Claim, Disagrees with Federal Circuit Transfer of Action McDermott Will & Emery
Aug
23
2022
Your Word is Your Bond: Fifth Circuit Court of Appeals Determines Surety Bonds are Not Executory Contracts Even Through Multiparty Approach in In re Falcon V, LLC Bracewell LLP
 

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