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
9
2019
Fifth Circuit Finds EEOC Did Not Have Authority to Issue 2012 Criminal History Guidance Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
4
2019
Fraternizing May Lead to Your Partner’s Promotion, Your Discharge, and Possibly a Lawsuit Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
21
2022
A Lesson from the Fifth Circuit About Louisiana Noncompete Agreements: Establish the Employment Relationship First Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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.
Nov
29
2022
If There Is a Constitutional Right to Earn a Living, What Happens to OSHA? Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
1
2024
Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Needing FMLA Leave Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
28
2016
Fifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
18
2017
Overtime Appeal Faces Further Delay Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
5
2017
Labor Department to Withdraw Overtime Appeal Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
6
2017
Is This Appeal for Real? DOL Seeks Abeyance As It Formulates New Overtime Regulations Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
18
2018
Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination Claim Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
21
2020
Federal Court Decision Highlights Challenges of Dealing With Employee Performance Issues While an Employee Is on FMLA Leave Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
15
2021
Mandatory Vaccination Policy Lawsuit Update: Nurses Take a Shot Against Hospital, But Judge Jabs Back Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
18
2021
CMS Vaccine Rule’s Status (and Fate) Lands in the Supreme Court of the United States Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
22
2022
Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary Judgment Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
14
2024
Texas Federal Judge Strikes Down NLRB’s New Joint-Employer Rule Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
18
2017
States Argue Texas Court Properly Blocked Overtime Rule Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
13
2022
Examining Joint-Employer Liability for Texas Workers’ Compensation Retaliation Claims Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
21
2023
Fifth Circuit Holds Christian-Owned Business Has Religious Exemption From LGBTQ+ Discrimination Claims Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
11
2023
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.
Jan
3
2017
Latest on Overtime Rule Litigation: Texas District Judge Denies DOL’s Motion to Stay Pending Ruling by Fifth Circuit Court of Appeals Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
25
2017
Business Associations Support Injunction Blocking Overtime Rule Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
21
2017
Fifth Circuit Denies Punitive and Compensatory Damages for ADEA Retaliation Claims, Creates Circuit Split Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 

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