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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Aug
27
2020
Texas Federal Court’s Denial of Barber Shops’ COVID-19 Claims Lacks Body and Style Hunton Andrews Kurth
Oct
27
2020
Fifth Circuit Holds that Private FLSA Settlement With Union Bars Future FLSA Claims Hunton Andrews Kurth
Feb
8
2023
The Fifth Circuit Mulls “Ultimate Employment Decision” Rule Under Title VII Hunton Andrews Kurth
Oct
15
2010
Croft v. Perry: Texas Pledge Survives Constitutional Challenge Hunton Andrews Kurth
Jun
9
2011
Supreme Court Unanimously Rejects Fifth Circuit’s Loss Causation Standard Hunton Andrews Kurth
May
7
2020
As COVID-based Class Actions Loom, Fifth Circuit Provides Reminder for Arbitration Agreements and Class Action Waivers Hunton Andrews Kurth
Apr
1
2021
The Fifth Circuit Criticizes the Practice of Sealing Documents by Agreement Hunton Andrews Kurth
May
18
2021
Upcoming Fifth Circuit Hearing to Address FLSA Day-Rate Issues Hunton Andrews Kurth
Nov
4
2010
Gene & Gene v. Biopay: No Second Chance On Class Certification After Interlocutory Appeal Hunton Andrews Kurth
Dec
4
2012
Fifth Circuit Addresses Issue of When Oral LSTA Loan Trades Become Binding Hunton Andrews Kurth
Sep
12
2016
What You Don’t Say Can Hurt You: Fair Debt Collections Act Hunton Andrews Kurth
Nov
23
2016
DOL’s Final Overtime Rule Halted By Texas Federal Judge Hunton Andrews Kurth
Nov
15
2021
NLRB General Counsel Issues Memo Regarding Bargaining Obligations for Vaccine Mandate Hunton Andrews Kurth
Feb
10
2023
Fifth Circuit Affirms Crime Policy’s Applicability to Fraudulent Transfer Hunton Andrews Kurth
Apr
27
2010
Fifth Circuit Decides Expedited Appeal - Affirms Duty to Defend Stanford Defendants Goldberg Segalla LLP
Apr
30
2010
Insured Versus Insured Provision Bars Coverage Goldberg Segalla LLP
Feb
19
2010
Insurer Required to Defend Directors and Officers Against Ponzi Claims (Pendergest-Holt v. Certain Underwriters at Lloyd's of London) Goldberg Segalla LLP
Jul
3
2011
Combining Disclosed Technology Can Be a Protectable Trade Secret McDermott Will & Emery
May
16
2012
Recent Case Highlights Split of Authority on Whether Corporate Agreements Can Amend Employee Benefit Plans McDermott Will & Emery
Oct
1
2014
The Squeaky Wheel Gets the Grease--You Won’t Get Fees if You Don’t Complain: Early Stragent, LLC v. Intel Corp. McDermott Will & Emery
Mar
26
2015
No Acquiescence Defense in Fifth Circuit Without Significant Investment in Reliance: Pennzoil-Quaker State Co. v. Miller Oil & Gas Operations McDermott Will & Emery
May
4
2016
Guidance Provided on Interplay of “Dormant” Commerce Clause and the 21st Amendment McDermott Will & Emery
Oct
30
2016
Federal Copyright Law Does Not Preempt Trade Secret Claim McDermott Will & Emery
Nov
29
2017
Government Appeals Defeat in Anti-Inversion Regulation Case McDermott Will & Emery
Dec
20
2019
Fifth Circuit Issues ACA Ruling, But Severability Question Remains McDermott Will & Emery
Dec
2
2020
In WDTex, the Fight Escalates McDermott Will & Emery
Mar
17
2022
Self-Dealing Lawyer Held Jointly and Severally Liable in Trade Secret Misappropriation McDermott Will & Emery
Apr
21
2023
Tri-Agencies Address Preventive Services Coverage in The Wake of Braidwood McDermott Will & Emery
May
5
2013
Fifth Circuit Flushes Away Pro Se Plaintiff’s Claims Against Oil Giants for Intellectual Property Theft and Infringement of a “Giant Plunger” McDermott Will & Emery
Nov
7
2016
Fifth Circuit Upholds Omnicare Decision for Lack of Supporting Evidence of Kickback Violation McDermott Will & Emery
May
30
2019
Eagle Eye On Attorneys’ Fee Award: Courts Must Apportion Award Based On Successful Claims McDermott Will & Emery
Dec
17
2020
Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight McDermott Will & Emery
Oct
7
2021
Federal Circuit to WD Tex.: Denial of Transfer Motion was Clear Error, Abuse of Discretion McDermott Will & Emery
Dec
16
2021
Fifth Circuit Brings Enforcement Back into the Mix: The Latest Court Moves with the CMS Vaccination Mandate McDermott Will & Emery
Mar
17
2022
Judge Albright Issues Another Round of Updated Patent Rules for WDTX McDermott Will & Emery
Jul
21
2022
Tableware Designer Gets Heavenly Results on Its Pearly Plates McDermott Will & Emery
Jun
30
2023
CEO Punches Ticket and Avoids Sanctions Based on Receiving Confidential Documents McDermott Will & Emery
Dec
15
2023
Requirement for Enhanced Share Repurchase Disclosures in Periodic Reports Delayed McDermott Will & Emery
Jul
17
2013
Federal Courts Continue Literal Interpretation of Subpart F Rules on Income Tax Inclusion McDermott Will & Emery
Dec
6
2013
Challenging Department of Treasury Regulations After Mayo and Home Concrete McDermott Will & Emery
May
30
2014
Balancing Venue, Transfer Factors at the Federal Circuit McDermott Will & Emery
Aug
3
2014
No Patent; No Federal Jurisdiction McDermott Will & Emery
Apr
15
2015
Fifth Circuit Ruling in BMC Software, Inc. v. Comm’r. Is Good News for Taxpayers McDermott Will & Emery
Aug
27
2015
Copyright Preemption Notwithstanding No Copyright Protection and No Copyright Claims McDermott Will & Emery
Jun
29
2016
No Waiver of Forum Selection Clause Despite Filing Declaratory Judgment Action in Non-Selected Forum McDermott Will & Emery
Sep
19
2016
Fifth Circuit Holds FCA Amendment Does Not Expand Retaliation Liability beyond Employers McDermott Will & Emery
Mar
15
2017
Medicare Part B Provider Secures Dismissal of FCA Claims Under First-to-File Bar McDermott Will & Emery
Sep
7
2023
Whisk-y Business: Notice Alone Is Sufficient for Preliminary Injunction McDermott Will & Emery
Oct
12
2023
Missed Shot: Lawsuit Against Related Company Doesn’t Toll Prescriptive Period McDermott Will & Emery
Nov
30
2023
Taxpayer Loses Claim for Research Credit McDermott Will & Emery
 

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