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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Feb
4
2021
Fifth Circuit Affirms Dismissal of SOX Whistleblower Claim for Lack of Employer-Employee Relationship 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
25
2020
Fifth Circuit Affirms Dismissal Section 14(a) Complaint For Failure to Plead Facts Demonstrating Alleged Omissions from Proxy Statement Were Misleading Sheppard, Mullin, Richter & Hampton LLP
Aug
20
2019
Fifth Circuit Affirms Enron Broker Not Liable to Employee Stock Option Holders for False or Withheld Information Sheppard, Mullin, Richter & Hampton LLP
Aug
5
2016
Fifth Circuit Affirms Exclusion of Expert Testimony Tying Gasoline to AML Beveridge & Diamond PC
Feb
22
2014
Fifth Circuit Affirms FLSA (Fair Labor Standards Act) Summary Judgment Based On “Complete Lack Of Evidence” Of Off-the-Clock Work Jackson Lewis P.C.
Dec
20
2022
Fifth Circuit Affirms Injunction Preventing Enforcement of Contractor Vaccine Mandate Against Louisiana, Indiana, and Mississippi Proskauer Rose LLP
Sep
30
2021
Fifth Circuit Affirms Jury Verdict on Willing Licensee FRAND Commitment McDermott Will & Emery
Feb
28
2019
Fifth Circuit Affirms Orde Compelling Arbitration of Employment Discrimination Claims by Physician Against Medical Center Carlton Fields
Dec
22
2022
Fifth Circuit Affirms Preliminary Injunction Blocking Federal Contractor COVID-19 Vaccine Mandate Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
3
2015
Fifth Circuit Affirms Rejection of Texas Choice-of-Law as to Oklahoma-Based Employees for Non-Compete Provisions, But Allows Texas Law to Apply to Non-Solicitation Provisions Jackson Lewis P.C.
May
31
2019
Fifth Circuit Affirms Ruling That Policy’s Conformity Provision Does Not Negate the Agreement to Arbitrate Despite Statute Prohibiting Arbitration Agreements in Insurance Contracts Covering Property in Louisiana Carlton Fields
Nov
15
2021
Fifth Circuit Affirms Stay of OSHA Emergency Temporary Standard on COVID-19 Vaccination and Testing Vedder Price
Mar
4
2019
Fifth Circuit Affirms Summary Judgment on SOX Whistleblower Claim Proskauer Rose LLP
Mar
22
2016
Fifth Circuit Affirms Summary Judgment Where Whistleblower Offered No Evidence of Requisite Scienter McDermott Will & Emery
Feb
3
2020
Fifth Circuit Affirms “My Disability Made Me Do It” is No Excuse for Sleeping on the Job Jackson Lewis P.C.
Feb
10
2021
Fifth Circuit Affords Sieracki Seaman Status to Compulsory Pilot Jones Walker LLP
Nov
13
2021
Fifth Circuit Again Stays OSHA’s ETS … for Now Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
9
2016
Fifth Circuit Agrees NLRB Micro-Unit Test Here to Stay Barnes & Thornburg LLP
Dec
13
2016
Fifth Circuit Agrees to Fast Track DOL Overtime Appeal Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
26
2018
Fifth Circuit agrees to hear challenge to CFPB’s constitutionality Ballard Spahr LLP
Dec
12
2017
Fifth Circuit Allows Maritime Tort Indemnification in the Oceangoing Cargo Transportation Industry Jones Walker LLP
Jul
9
2015
Fifth Circuit Appeal of Injunction on Immigration Reform Executive Actions Set for Arguments Jackson Lewis P.C.
Dec
21
2015
Fifth Circuit Appeals Court Rejects Obama’s Immigration Plan Varnum LLP
Mar
23
2021
Fifth Circuit Applies Contributory Negligence to Seaman Injured While Following General Order Jones Walker LLP
May
28
2020
Fifth Circuit Approves 'Snap Removal' by Out-of-State Defendant Jones Walker LLP
Sep
4
2013
Fifth Circuit Approves Suit for 130 Million Identity Thefts: Lone Star National Bank v. Heartland Payment Systems Raymond Law Group LLC
Oct
9
2015
Fifth Circuit Award Of Fees Against The Department Of Labor Shows That Even The Government Is Not Immune To Sanctions Epstein Becker & Green, P.C.
Jul
19
2019
Fifth Circuit Bars Notice of FLSA Collective Actions to Arbitration-Bound Employees Carlton Fields
Jun
1
2022
Fifth Circuit Bombshell on SEC ALJs Raises Questions about DEA ALJs Cadwalader, Wickersham & Taft LLP
Jan
5
2018
Fifth Circuit Borrows One-Year Statute of Limitations for Section 502(c)(1) Claim Proskauer Rose LLP
Dec
16
2021
Fifth Circuit Brings Enforcement Back into the Mix: The Latest Court Moves with the CMS Vaccination Mandate McDermott Will & Emery
Aug
30
2023
Fifth Circuit Broadens Standard for Title VII Claims Against Employers Epstein Becker & Green, P.C.
Jul
20
2023
Fifth Circuit Carves Out Religious Exemption to LGBTQ+ Discrimination Claims Hunton Andrews Kurth
Mar
7
2022
Fifth Circuit Cases Underscore Need for Attention to Detail in Arbitration Agreements Covering Whistleblower Claims Jackson Lewis P.C.
 

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