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
1
2018
Fifth Circuit Dismisses Anti-Inversion Regulation Case McDermott Will & Emery
Mar
29
2019
Circuits Play Jurisdictional Hot Potato with Walker Process Claim McDermott Will & Emery
Jul
12
2019
McDermottPlus Check-Up: July 12, 2019 McDermott Will & Emery
Dec
27
2019
Lotso More Than Non-Exclusive Licensor-Licensee Relationship Needed for Personal Jurisdiction McDermott Will & Emery
Apr
22
2021
You Want Some “Metchup” with That? McDermott Will & Emery
Mar
3
2022
Supplier Can’t Complain when SEP Holder Refuses to License McDermott Will & Emery
Sep
8
2022
Bayou Jambalaya: Sanction Motions, Motions to Vacate and Trade Dress Injunctions McDermott Will & Emery
Nov
17
2022
Message to Judge Albright: Venue Motions Are First Order of Business McDermott Will & Emery
Sep
14
2023
Texas District Court Overturns Portions of the IDR Process McDermott Will & Emery
Nov
2
2023
Suite! Claim Splitting Privity Focuses on Party Relationship, Not Claim Relationship McDermott Will & Emery
Nov
16
2021
Fifth Circuit Stays OSHA’s Vaccine or Testing Emergency Temporary Standard – What’s Next? Wiggin and Dana LLP
Jan
6
2020
Court Vacates $2 Million OFAC Penalty Imposed on Exxon Mobil in Ukraine Sanctions Case Wiggin and Dana LLP
Nov
5
2020
Supreme Court Update: Taylor v. Riojas (No. 19-1261), Mckesson v. Doe(No. 19-1108), Merrill v. People First of Alabama(No. 20A67) Wiggin and Dana LLP
Jun
1
2021
Supreme Court Update: United States v. Palomar-Santiago (No. 20-437), Guam v. United States (No. 20-382), San Antonio v. Hotels.com (No. 20-334) Wiggin and Dana LLP
Feb
11
2019
Supreme Court Update: June Medical Services v. Gee (No 18A774), Dunn v. Ray (No. 18A815) Wiggin and Dana LLP
Sep
20
2023
Legal Setback for DACA: What You Need to Know Norris McLaughlin P.A.
Aug
20
2021
Immigration Weekly Round-Up: NJ Prison No Longer Detaining Immigrants; Federal Felony for Unlawful Reentry to U.S. Found Unconstitutional; Biden Policy Limiting Detention Struck Down Norris McLaughlin P.A.
Jan
23
2020
Feds Criminally Charge Corporate Executives and Management for Knowingly Employing Undocumented Immigrants Norris McLaughlin P.A.
Mar
27
2010
Insurer’s Post-Litigation Conduct Leads to Charge of Bad Faith “The Remnants of Hurricane Katrina” Johnson & Bell Ltd.
Sep
28
2011
How the 'Other Coverages' Exclusion Can Cost You Millions Risk and Insurance Management Society, Inc. (RIMS)
May
20
2012
Coca-Cola Hit with a $21 Million Distracted Driving Judgment Risk and Insurance Management Society, Inc. (RIMS)
Jan
12
2011
Climate Change in the Gulf Coast Risk and Insurance Management Society, Inc. (RIMS)
Mar
14
2018
Fifth Circuit Emphasizes Narrowed Liability for Employee Transfer Under the Louisiana Whistleblower Statute Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
9
2019
Beltway Buzz, August 9, 2019 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
12
2020
Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
23
2021
Fifth Circuit Rules Day Rate Compensation Does Not Satisfy Requirement of Payment on a Salaried Basis for Exempt Status Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
22
2022
Fifth Circuit Finds Specific Allegation of One-Time Use of Racial Slur Sufficient to Preclude Dismissal Under Rule 12(b)(6) Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
12
2023
Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
23
2023
Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
13
2017
The Ball Dropped on New Year’s Eve for Some ACA Section 1557 Nondiscrimination Rules Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
23
2017
Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
31
2017
Trick or Treat: DOL and Texas AFL-CIO File Appeal Notices in Overtime Lawsuit Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
18
2018
The No-Legged Stool? ACA Declared Unconstitutional in Surprise Decision Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
13
2021
Incomplete Payroll Records Lead to Employer FLSA Liability, Fifth Circuit Rules Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
19
2021
Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 

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