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
16
2023
Fifth Circuit Provides New Guidance on Evaluating Confidential Witnesses Mintz
Aug
28
2023
Fifth Circuit Court of Appeals Adopts Updated Standard for Pleading Title VII Claims Mintz
Jan
4
2024
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
Apr
1
2024
Energy & Sustainability Litigation Updates — April 2024 Mintz
Aug
28
2013
Fifth Circuit Joins Chorus to Rein in False Claims Act Mintz
Nov
15
2013
For Secured Creditors, Too Late May Be Too Little Mintz
Sep
17
2020
Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice Mintz
Jan
31
2024
It Takes Two to Tango: Gilstrap Frames Implementer Holdout as Bad Faith Justifying “Suspension” of SEP Licensing Discussions Mintz
Feb
22
2024
Mintz IRA Update — Legal Challenges to the Medicare Drug Price Negotiation Program Continue Mintz
Nov
23
2016
New Overtime Rule Derailed; Will not Take Effect on December 1 Mintz
Dec
28
2017
Fifth Circuit Decision in Highway Guardrails Case Provides Important Guidance on Materiality in False Claims Act Cases Mintz
Apr
24
2019
Dueling Declaratory Judgment Suits Result in a Dismissal and Boomerang Transfer Back to the First-filed Forum Under TC Heartland Mintz
Oct
11
2019
Can a Settlement Agreement Be Converted to an Arbitration Award That is Enforceable Under the New York Convention? Mintz
Oct
20
2020
TCPA Litigation Update — District Court Rules TCPA Unconstitutional from 2015 to 2020 Mintz
Apr
25
2024
In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court Mintz
Nov
23
2016
With DOL’s OT Rule Blocked, Employers Are Left Asking “What’s Next?” Mintz
Jul
6
2017
Knock, Knock, Knocking on Menon’s Door Mintz
May
27
2020
Delaware Bankruptcy Court Rules that Shareholder Cannot Enforce “Golden Share” Blocking Right to Dismiss Bankruptcy Filed Without its Consent Mintz
Apr
13
2023
Surprising no one, EPA's eighth attempt to determine the reach of the Clean Water Act is now the law in less than half of the United States! Mintz
Feb
9
2016
Rodeo Associations Fail to Wrangle Each Other in First Round of Antitrust Class Action: District Court Denies Plaintiffs’ Preliminary Injunction and Defendants’ Motion to Dismiss Mintz
Jul
12
2017
Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under ADA Mintz
Mar
30
2018
Patent Damages: How Many Essential Features in a Smart Phone? Mintz
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
Jan
25
2021
TCPA Litigation Update — The Newest TCPA Circuit Split – And It Started With Creasy Mintz
Sep
30
2021
Custom Servers Pin Netflix In the Eastern District of Texas Mintz
Sep
26
2023
FTC Follows Through on Promise to Roll Over Health Care Roll Ups Mintz
Dec
17
2015
SEC Re-Proposes Disclosure Rules for Payments by Resource Extraction Issuers Mintz
Mar
29
2017
Will 30 Years Of Practice Be Overturned? Supreme Court Hears Oral Argument In TC Heartland v. Kraft Foods. Mintz
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
2
2019
Who Decides the “Class Arbitrability” Issue: Fifth Circuit Joins Consensus That It Is a Court, Not an Arbitrator, But Evidently Missed the Memo From SCOTUS About the Exception Mintz
May
5
2020
The Mischief That Arbitrators May Do: Clause Construction Award Enables Class Arbitration Mintz
Jan
25
2021
Fifth Circuit Vacates $4.3M HIPAA Penalty and Potentially Opens the Door for Future HIPAA Enforcement Challenges Mintz
Nov
14
2021
OSHA Vaccine Rule Blocked Permanently by Fifth Circuit, But Judicial Review Will Continue Mintz
Sep
27
2023
Biden Administration's DOL Rule Enabling Investment Advisors to Consider ESG Factors Survives Judicial Challenge Mintz
May
15
2024
Private Equity Firm Rolled Out of FTC Suit Mintz
 

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