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.

Date Title Organization
22
Feb
Mintz IRA Update — Legal Challenges to the Medicare Drug Price Negotiation Program Continue Mintz
21
Feb
NLRB’s Final Joint Employer Rule Takes Effect This Month Hunton Andrews Kurth
20
Feb
The Fifth Circuit’s German Pellets Decision: A Cautionary Tale for Creditors and Other Contract Parties on the Dangers of Staying on the Sidelines of a Bankruptcy Hunton Andrews Kurth
20
Feb
Fifth Circuit Orders En Banc Rehearing of Rejected Challenge to Nasdaq’s Board-Diversity Rules Proskauer Rose LLP
16
Feb
Former Healthcare Executives Convicted for Health Insurance Policy Fraud Scheme ArentFox Schiff LLP
15
Feb
Fifth Circuit is Set to Weigh in on NLRB’s Enhanced Financial Remedies Hunton Andrews Kurth
13
Feb
Class Action Litigation Newsletter | 4th Quarter 2023 Greenberg Traurig, LLP
12
Feb
Fifth Circuit Court of Appeals Hears Oral Arguments in Industry Groups' Ongoing Petition to Vacate Private Fund Adviser Rules K&L Gates
9
Feb
Bank Groups Sue to Overturn New Community Lending Rules Sheppard, Mullin, Richter & Hampton LLP
9
Feb
Three Individuals Sentenced for $3.5 Million COVID-19 Relief Fraud Scheme ArentFox Schiff LLP
8
Feb
Carolina Calling: Sources of Proof Favor Transfer McDermott Will & Emery
8
Feb
Bling It On: Laches Prevents Profit Disgorgement in Diamond-Studded Trademark Battle McDermott Will & Emery
5
Feb
Texas Supreme Court Rules to Foreclose Attorney’s Fees in First Party Appraisal Context Dinsmore & Shohl LLP
2
Feb
Southwest Airlines’ Cyber Coverage Suit Takes Off Barnes & Thornburg LLP
2
Feb
ExxonMobil Strikes Back: Energy Companies Take a More Proactive Approach to Activist ESG Shareholders Bracewell LLP
1
Feb
What Compliance Officers Need to Know From 2023’s Compliance Trends von Briesen & Roper, s.c.
31
Jan
It Takes Two to Tango: Gilstrap Frames Implementer Holdout as Bad Faith Justifying “Suspension” of SEP Licensing Discussions Mintz
31
Jan
New Independent Contractor Rule Facing Multiple Legal Challenges Epstein Becker & Green, P.C.
31
Jan
Sotera Stipulation Filed After the Patent Owner’s Response Still Deemed Effective Foley & Lardner LLP
31
Jan
Can Significant Sales Be the Fast Track to Trade Dress Protection? Katten
31
Jan
Callier Skates: Repeat Litigator Bailed Out on Discovery Responses By Defendant’s Blown Deadline Troutman Amin, LLP
29
Jan
As Three Recent Settlements Demonstrate, Whistleblowers Are the Key to Enforcement of Section 301 Tariffs Tycko & Zavareei LLP
29
Jan
ExxonMobil Files Lawsuit to Block Shareholder Proposal Concerning Greenhouse Gas Emissions Mintz
26
Jan
SCOTUS Declines to Hear False Claims Act Challenge ArentFox Schiff LLP
25
Jan
Special Alert: Fifth Circuit Targets Make-Whole Claims in Bankruptcy Proskauer Rose LLP
22
Jan
DACA Ruled Illegal, Government Permitted to Process Renewal Applications Berry Appleman & Leiden
17
Jan
Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright Conundrums ArentFox Schiff LLP
17
Jan
Three Legal Takeaways from Fifth Circuit Decision Scrubbing Away DOE Rules on Appliance Efficiency ArentFox Schiff LLP
12
Jan
TCPAWORLD QUICK HITTER: DebtBlue Granted Leave To Name Empower People As Responsible Third Party Under Texas Proportionate Responsibility Act Troutman Amin, LLP
9
Jan
5th Circuit Issues Blistering Critique of FDA’s Handling of PMTAs for E-Cigarettes Keller and Heckman LLP
9
Jan
Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit Bradley Arant Boult Cummings LLP
8
Jan
Launching into New Territory: SpaceX Claims NLRB Unconstitutionally Structured Proskauer Rose LLP
8
Jan
Discovery Battle: Why You Should Explain Your Discovery Objections Troutman Amin, LLP
4
Jan
We Already Knew Many Federal Judges Weren't Deferring to EPA, Now the 10th Circuit Court of Appeals Isn't Deferring to Judges Either. Mintz
3
Jan
Fifth Circuit Overturns NLRB’s Dress Code Decision Hunton Andrews Kurth
21
Dec
Court Vacates SEC’s New Share Repurchase Disclosure Rules Mintz
21
Dec
TikTok: Federal Circuit Follows Fifth Circuit, Transfers Case for Witness Convenience McDermott Will & Emery
20
Dec
The SEC’s New Corporate Buy-Back Rules Have Been Formally Vacated By the U.S. 5th Circuit Court of Appeals: Issuers May Suspend Plans to Comply But Should Consider Providing Some Additional Voluntary Disclosures on the Subject Proskauer Rose LLP
20
Dec
An Early Christmas Present from Three Fifth Circuit Judges Who Concluded a Louisiana Property Is Not Subject to Federal Clean Water Act Jurisdiction Mintz
15
Dec
Requirement for Enhanced Share Repurchase Disclosures in Periodic Reports Delayed McDermott Will & Emery
14
Dec
Fifth Circuit Redresses NLRB’s Tesla Decision but the Board Remains Undaunted Epstein Becker & Green, P.C.
14
Dec
SEC Sued Over New Short Sales and Securities Lending Disclosure Rules: Second Lawsuit Filed This Year in 5th Circuit Challenging SEC Action Proskauer Rose LLP
12
Dec
Texas Court Holds That Venue Is Appropriate In County Where The Trustee Resided Under The Texas Trust Code, Which Trumps Other Venue Statutes Winstead
12
Dec
Weekly Bankruptcy Alert - December 12, 2023 (For the week ending December 10, 2023) Pierce Atwood LLP
12
Dec
It’s Not Your Imagination: It’s Getting Even Harder to Permit Your Project In Texas Beveridge & Diamond PC
12
Dec
COVID Vaccine Class Action Reminds Employers to Individually Consider Accommodations Hunton Andrews Kurth
11
Dec
Holt Texas, Ltd. v. Vita Inclinata Techs., Inc. Foley & Lardner LLP
11
Dec
DEI Under Scrutiny, Part III: High Court Wades Into Questions of Whether Title VII Sex Discrimination Requires Material Harm Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
11
Dec
U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue Jackson Lewis P.C.
5
Dec
Update: SEC Stays Effectiveness of New Buyback Rules Proskauer Rose LLP
 

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