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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Sep
21
2018
Four Amicus Briefs Filed in All American Check Cashing Case Addressing Constitutionality of CFPB Structure Ballard Spahr LLP
Sep
19
2018
Using FCRA’s Expansiveness as a Shield: CFPB Gets Pushback on FCRA Subpoena Womble Bond Dickinson (US) LLP
Sep
18
2018
Longstanding BCFP Tactic in Jeopardy After Two Circuits Strike Down CIDs Ballard Spahr LLP
Sep
17
2018
Trade Groups Challenging CFPB’s Payday Loan Rule File Preliminary Injunction Motion Ballard Spahr LLP
Sep
13
2018
CFPB Files Opposition Brief in Fifth Circuit Interlocutory Appeal of All American Check Cashing Ballard Spahr LLP
Sep
12
2018
Avoiding Unexpected Liability for Former Employees’ Medical Expenses Mintz
Sep
6
2018
Petitions for Rehearing En Banc Filed in Fifth Circuit Decision Finding FHFA Is Unconstitutionally Structured Ballard Spahr LLP
Sep
6
2018
Final Chapter for the DOL Fiduciary Rule Womble Bond Dickinson (US) LLP
Aug
15
2018
Google’s Servers Housed By A Third-Party ISP Qualify As A Regular And Established Place Of Business To Establish Proper Venue In The Eastern District Of Texas Mintz
Aug
15
2018
All American Check Cashing seeks initial en banc hearing in Fifth Circuit Ballard Spahr LLP
Aug
14
2018
Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished Capacity Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
13
2018
CFPB To Seek Interlocutory Appeal Of Constitutionality Ruling In RD Legal Funding Case Ballard Spahr LLP
Aug
8
2018
Court denies motion for reconsideration filed by plaintiffs in industry lawsuit challenging CFPB payday loan rule Ballard Spahr LLP
Aug
8
2018
Talk About Bad News: Dallas Morning News hit With TCPA Class Action Claiming Dying Circulation Prompted Illegal Call Campaign Womble Bond Dickinson (US) LLP
Aug
7
2018
Texas Federal Court Compels Arbitration of TCPA Claims, Grants Motion of Nonsignatory to Agreement Faegre Drinker
Aug
7
2018
Fifth Circuit Affirms Dismissal of ERISA Stock Drop Action Proskauer Rose LLP
Aug
2
2018
Failure to Hire Due to “Jewish Blood” May Constitute Race Discrimination Under Title VII Jackson Lewis P.C.
Aug
1
2018
Fifth Circuit Dismisses Anti-Inversion Regulation Case McDermott Will & Emery
Aug
1
2018
Fifth Circuit Permits Employee Allegedly Harassed by Patient to Proceed to Trial Jackson Lewis P.C.
Jul
31
2018
Fifth Circuit Finds Employer’s Peer Review Process Does Not Constitute an Adverse Employment Action Jackson Lewis P.C.
Jul
19
2018
Does the Fifth Circuit’s decision finding the FHFA is unconstitutionally structured presage a similar fate for the CFPB? Ballard Spahr LLP
Jul
16
2018
Fifth amicus brief filed in support of All American Check Cashing Ballard Spahr LLP
Jul
16
2018
The Potential Pitfalls of Contesting Arbitrability in the Arbitration Mintz
Jul
13
2018
Restaurant Industry Association Files Suit Challenging “80/20” Rule Jackson Lewis P.C.
Jul
11
2018
Subsidiary’s Facility Qualifies as a Regular and Established Place of Business of the Parent for Patent Venue Purposes Squire Patton Boggs (US) LLP
Jul
10
2018
More amicus briefs filed in support of All American Check Cashing Ballard Spahr LLP
Jul
10
2018
Fifth Circuit to Consider Constitutionality of the BCFP’s Structure Covington & Burling LLP
Jul
9
2018
All American Check Cashing and amici file briefs in Fifth Circuit interlocutory appeal Ballard Spahr LLP
Jul
2
2018
TPAs as Fiduciaries . . . of Their Own Plans Faegre Drinker
Jul
2
2018
Son of Granholm Inches Closer McDermott Will & Emery
Jun
25
2018
“I get knocked down, but I [might] get up again”: The Survival of the ACA Epstein Becker & Green, P.C.
Jun
23
2018
Update: 5th Circuit Confirms Decision To Vacate DOL Fiduciary Rule Katten
Jun
19
2018
The Devil is in the Details: Arbitration Agreements Ruled Invalid Over Signatures Polsinelli PC
Jun
15
2018
Judge Denies Request to Stay Payday Rule Compliance Date Covington & Burling LLP
Jun
15
2018
Is a “necessary distributor” enough to qualify as a regular and established place of business for purposes of satisfying proper venue? Mintz
Jun
14
2018
CFPB Left With Rulemaking To Modify Or Delay Payday Rule K&L Gates
Jun
14
2018
Texas Court Bars Employment Claims Due to Ecclesiastical Abstention Doctrine Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
7
2018
#MeThree: Recommendations for Employers to Avoid Liability for Third Party Harassment Polsinelli PC
Jun
7
2018
An Arbitrator’s Power May Be Greater Than That of a Judge Mintz
Jun
1
2018
The Tail of a Dog with Two Hats: Fifth Circuit Upholds “Golden Share” Held by Creditor Affiliate Bracewell LLP
May
31
2018
CFPB and trade groups jointly seek stay of lawsuit challenging CFPB payday loan rule and compliance date Ballard Spahr LLP
May
31
2018
Patent Venue Is Proper Where a Parent Company Defendant “Ratifies” Its Non-Party Subsidiary’s Regular Place of Business in the Forum District Mintz
May
23
2018
The Fiduciary Rule Has (Almost Certainly) Been Vacated: What Plan Sponsors Should Know Faegre Drinker
Apr
26
2018
Fifth Circuit agrees to hear challenge to CFPB’s constitutionality Ballard Spahr LLP
Apr
24
2018
DOL Less Likely to Appeal Fifth Circuit Ruling Vacating Expansion of Fiduciary Rule in Light of Recent SEC Guidance McDermott Will & Emery
Apr
19
2018
Title VII In Transition? Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals Sheppard, Mullin, Richter & Hampton LLP
Apr
17
2018
Fifth Circuit Decision is Rare Victory Permitting District Court to Enjoin Recoupment Before Provider Exhausts Administrative Remedies Mintz
Apr
16
2018
Fifth Circuit Grants Health Care Providers Medicare Appeals Backlog Remedy Polsinelli PC
Apr
11
2018
Fifth Circuit Court of Appeals Invalidates the 2016 Final Department of Labor Fiduciary Rule and Related Prohibited Transaction Exemptions Mintz
Apr
10
2018
A New Remedy for an Old Problem: Fifth Circuit Rules That Providers May Seek Injunctive Relief While Waiting For a Delayed Medicare Hearing Epstein Becker & Green, P.C.
 

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