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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May
31
2016
7th Circuit Holds Mandatory Waiver of Class Claims Unlawful; Creates Circuit Court Split ArentFox Schiff LLP
May
23
2016
Fifth Circuit Rejects Substantial Authority Defense to Penalties McDermott Will & Emery
May
13
2016
Commodity Futures Trading Commission Proposes to Amend RTO-ISO Order Katten
May
13
2016
A Smorgasbord of Termination Reasons That Might Be Used Against You Barnes & Thornburg LLP
May
5
2016
The Rising Regulation of Gift Cards: A Texas Perspective Hunton Andrews Kurth
May
5
2016
Fifth Circuit Holds Third Party Witness’ Retaliation Claim Requires “Reasonable Belief” That Title VII Violation Has Occurred Mintz
May
4
2016
Guidance Provided on Interplay of “Dormant” Commerce Clause and the 21st Amendment McDermott Will & Emery
May
4
2016
Fifth Circuit Finds that Maritime Law Does Not Apply to Property Damage and Economic Loss Claims Following Rupture of Riser Chain Connected to a Floating Production and Storage Facility Bracewell LLP
May
3
2016
Revisiting Availability of Punitive Damages to Jones Act Seaman Against Third-Party Non-Employer in Eastern District of Louisiana Bracewell LLP
May
3
2016
Scalia’s Supreme Court Vacancy - Impact on the 5th Circuit and Circuit Court Splits Part 2 of 2
May
2
2016
Trip through Oil and Gas Bankruptcy – In Only Seventeen Days Squire Patton Boggs (US) LLP
Apr
28
2016
Employers May Wish to Consider Additional Language When Drafting Confidentiality Agreements Polsinelli PC
Apr
22
2016
Mississippi District Court Applies Dudenhoeffer “More Harm Than Good” Standard to Closely-Held Corporation Proskauer Rose LLP
Apr
20
2016
Reimbursement Considerations in Rare False Claims Act Jury Trial Addressing Off-Label Issues Covington & Burling LLP
Apr
15
2016
The Most Overlooked Exception to Attorney-Client Privilege Proskauer Rose LLP
Mar
30
2016
Opening Brief Filed Before Fifth Circuit in Appeal of Largest False Claims Act Judgment McDermott Will & Emery
Mar
22
2016
Fifth Circuit Affirms Summary Judgment Where Whistleblower Offered No Evidence of Requisite Scienter McDermott Will & Emery
Mar
21
2016
Fifth and Seventh Circuits Affirm Discretion for Associations Administering Their Grievance Programs Vedder Price
Mar
17
2016
Patent Litigation: Could Eastern District of Texas’s Reign Come to End? Mintz
Mar
15
2016
Jones Act Seaman Status Tested for Shipyard Worker Bracewell LLP
Mar
5
2016
Employer’s Reliance On Positive Alcohol Test Was Legitimate and Non-Discriminatory Basis For Termination Jackson Lewis P.C.
Mar
2
2016
Fifth Circuit Dismisses Private Manipulation Claim Because of CFTC Exemption Order Cadwalader, Wickersham & Taft LLP
Feb
29
2016
More Than Bargained For: Court Requires Federal Contractor to Accommodate Independent Contractor’s Disability Polsinelli PC
Feb
26
2016
The Threshold of Exceptionality: There Is a Line, and It Can Be Crossed Foley & Lardner LLP
Feb
23
2016
Car Leasing Employee’s Equal Pay Discrimination Claim Proceeds, Mississippi Federal Court Rules Jackson Lewis P.C.
Feb
12
2016
Fifth Circuit Rejects Employee’s FLSA Off-the-Clock Claim; Highlights Importance of Overtime Authorization and Reporting Policies in Off-the-Clock Cases Mintz
Feb
9
2016
Fifth Circuit Weighs In On Breadth Of Rehabilitation Act Proskauer Rose LLP
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
Feb
4
2016
NLRB Not Waffling on Pre-employment Class-Action Waivers Despite Fifth Circuit Reversals Squire Patton Boggs (US) LLP
Jan
30
2016
Guzman v. Hacienda Records and Recording Studio: No Appellate “Second Guessing” of Witness Credibility Determinations McDermott Will & Emery
Jan
29
2016
Hold Your Horses: A Plaintiff’s Long Rap Sheet Might Not Get You to the Finish Line Barnes & Thornburg LLP
Jan
29
2016
TOTAL Challenges Legality of FERC Enforcement Processes Bracewell LLP
Jan
29
2016
Secured Lender Forced, under Bankruptcy Code Section 506(c), to Pay Trustee's Expenses of Preserving Collateral...for 14 Months Murtha Cullina
Jan
27
2016
Fifth Circuit: Employer Has Right to Mandate Employee Compliance with Overtime Reporting Procedures, Not Liable When Employee Fails to Follow Procedures Jackson Lewis P.C.
Jan
27
2016
Eastern District of Texas Judge Awards Defendants Attorneys’ Fees After Successful 101 Challenge Squire Patton Boggs (US) LLP
Jan
18
2016
Pilot Prevails in AIR21 Whistleblower Retaliation Claim Zuckerman Law
Dec
31
2015
Quickie Election Rule Challenge To Be Heard By Fifth Circuit Jackson Lewis P.C.
Dec
22
2015
Supreme Court to Decide Split on Whether Army Corps Wetland Jurisdictional Determination is Final Agency Action ArentFox Schiff LLP
Dec
22
2015
Judge Orders Attorneys’ Fees to be Paid in eDekka v. 3balls.com Case Barnes & Thornburg LLP
Dec
21
2015
Fifth Circuit Appeals Court Rejects Obama’s Immigration Plan Varnum LLP
Dec
21
2015
No GINA Violation for Alternate Duty Assignment after Firefighter Refused Compliance with ‘Mandatory Wellness Program’ Jackson Lewis P.C.
Dec
18
2015
Unrealistic Threat Of Pay Cut To High-Level Employee Is Not Adverse Action, So Says Fifth Circuit Mintz
Dec
17
2015
SEC Re-Proposes Disclosure Rules for Payments by Resource Extraction Issuers Mintz
Dec
17
2015
Ohio Federal Court Rejects Challenge to Application of Companionship Exemption to Home Health Aide Jackson Lewis P.C.
Dec
4
2015
In Deepwater Horizon Insurance Coverage Dispute, Fifth Circuit Affirms Favorable Ruling for Policyholders and Certifies Unfair Insurance Practices Question to Texas High Court Beveridge & Diamond PC
Nov
30
2015
“Voice of America” Belongs to the U.S. Government McDermott Will & Emery
Nov
24
2015
It’s Time to Give Your Employee Wellness Programs Check-Up to Ensure Compliance with GINA Barnes & Thornburg LLP
Nov
23
2015
Do Your Arbitration Agreements Have Chilling Effect on Employee Rights? Don't Be Left Out in Cold Steptoe & Johnson PLLC
Nov
20
2015
5th Circuit Upholds Deferred Action for Parents: Next Stop Supreme Court? Mintz
Nov
20
2015
Supreme Court Asked to Review Fifth Circuit Decision Shutting Down President Obama’s Immigration Plan Squire Patton Boggs (US) LLP
 

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