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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Nov
18
2015
EEOC Finds Hospital’s Leave Policy Unlawful, But Texas Federal Court Dismisses Nurse’s ADA Claims Jackson Lewis P.C.
Nov
16
2015
NLRB Won’t Take “No” For an Answer — Holds Class Action Waiver in Arbitration Agreement Unlawful Despite Two Previous Reversals at the Fifth Circuit Mintz
Nov
13
2015
A Blow to the President's Effort to Enact Deferred Action and Authorize Employment for Parents of US Citizens Poyner Spruill LLP
Nov
10
2015
Fifth Circuit Court of Appeals Blocks Administration’s Executive Action on Immigration Greenberg Traurig, LLP
Nov
9
2015
Xarelto Court’s Utilization of Pretrial Orders and Case Management Orders to Guide and Control the Multidistrict Litigation Stark & Stark
Nov
5
2015
Fifth Circuit (Again) Reverses NLRB and Finds Class Action Waivers in Arbitration Agreements Do Not Violate the NLRA Mintz
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.
Nov
3
2015
“Red River Rivalry” Reaches Right To Restrict Employment Epstein Becker & Green, P.C.
Oct
30
2015
Arbitration Agreement “Take Two”: Fifth Circuit Refuses to Revisit D.R. Horton in Murphy Oil Case Barnes & Thornburg LLP
Oct
29
2015
Fifth Circuit Decides That An Above - Limits Settlement Payment By An Insured Does Not Trigger Excess Coverage Unless The Primary Carrier Actually Pays Policy Limits Squire Patton Boggs (US) LLP
Oct
27
2015
Fifth Circuit Reverses NLRB, For The Second Time, Rejecting Unfair Labor Practice Finding on Class and Collective Action Waivers in Arbitration Agreements Squire Patton Boggs (US) LLP
Oct
15
2015
Undue Prejudice in an Acquiescence Defense re: Trademark Infringement Katten
Oct
12
2015
Proposed Largest Natural Resource Damages Settlement in U.S. History ArentFox Schiff LLP
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.
Oct
8
2015
Pennsylvania District Court Rules That Smartphone Passcodes Are Testimonial; Protected by Fifth Amendment Proskauer Rose LLP
Oct
5
2015
September 2015 Review of Recent Whistleblower Developments Foley & Lardner LLP
Oct
1
2015
An Evaluation of Secondary Meaning Can Consider Both Parties’ Use of the Mark McDermott Will & Emery
Sep
30
2015
DOL Gets Reined: In Fifth Circuit Court of Appeals Says the Agency Pushed Too Far in Worker Misclassification Case Poyner Spruill LLP
Sep
29
2015
U.S. Court Dismisses Foreign Residents’ Foreign-Law Claims Arising from Securities Purchased on U.S. Markets Proskauer Rose LLP
Sep
28
2015
Fifth Circuit Rules Employer-Mandated Transit Time May Make Lunch Break Compensable Bracewell LLP
Sep
22
2015
Meal Periods with Travel Restrictions May be Compensable Epstein Becker & Green, P.C.
Sep
22
2015
California Judge Sides With Congress and Fifth Circuit In Whistleblower Split Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
21
2015
Prudence Prevails: Fifth Circuit Supports Narrow Reading of Liability under the Migratory Bird Treaty Act Beveridge & Diamond PC
Sep
19
2015
Migratory Bird Treaty Act Enforcement Questioned Steptoe & Johnson PLLC
Sep
16
2015
Whose Property Is The Corporate Social Media Account? Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
15
2015
Fifth Circuit Decision in Citgo Case May Place Limits on Criminal Liability Under Migratory Bird Treaty Act Katten
Sep
11
2015
Fifth Circuit Lets Citgo Fly Free ArentFox Schiff LLP
Sep
11
2015
Company’s Pension De-Risking Transaction Is Upheld Morgan, Lewis & Bockius LLP
Sep
9
2015
Fifth Circuit Tips Its Hand as to Analysis of FLSA’s Tip Credit Proskauer Rose LLP
Sep
5
2015
McMillin Albany, LLC v. Superior Court Rejects Reasoning and Outcome of Liberty Mutual on SB800 Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
4
2015
Federal District Court Vacates Lesser Prairie-Chicken Listing Decision with Potential Implications for the Sage-Grouse Listing Decision Holland & Hart LLP
Sep
3
2015
Endangered Species Listing of Lesser Prairie Chicken Rejected in Widely Precedential Decision Bracewell LLP
Sep
1
2015
Fifth Circuit Provides Guidance Regarding Occupations Which “Customarily And Regularly” Receive Tips Jackson Lewis P.C.
Sep
1
2015
Recent Fifth Circuit Decision Spotlights Perils of Complex Procedural Issues McDermott Will & Emery
Aug
27
2015
Copyright Preemption Notwithstanding No Copyright Protection and No Copyright Claims McDermott Will & Emery
Aug
17
2015
The Fifth Circuit Agrees That Defendants May Not ‘Pick Off’ Class Representatives With Full Settlement Offers Alert Barnes & Thornburg LLP
Aug
17
2015
Fifth Circuit Upholds Copyright Preemption of Trade Secret-Related Claims Foley & Lardner LLP
Aug
14
2015
Fifth Circuit Turns the Table on Department of Labor, Sanctions Government for Bad Faith Conduct During Investigation and Subsequent Litigation Honigman Miller Schwartz and Cohn LLP
Aug
12
2015
Fifth Circuit Revives SOX Whistleblower Claim But Rejects Allegations Not Exhausted Before OSHA Proskauer Rose LLP
Aug
11
2015
Telemedicine Prescribers Should Read This Case: U.S. vs. Zadeh Foley & Lardner LLP
Aug
10
2015
Fifth Circuit Takes a Mulligan: Janvey v. Golf Channel Squire Patton Boggs (US) LLP
Jul
30
2015
Delivering Architectural Plans May Create Implied License McDermott Will & Emery
Jul
20
2015
Fifth Circuit Enforces High Rule 9(b) Bar in Affirming Dismissal of Implied Certification Case McDermott Will & Emery
Jul
17
2015
Attorney Fees - A “Good Gamble” Warrants Fees Even for a Bad Bet IMS Legal Strategies
Jul
16
2015
U.S. Employer that Harbored Illegal Aliens Pleads Guilty and is Sentenced to Forfeit $1 Million Greenberg Traurig, LLP
Jul
14
2015
Fifth Circuit Joins Majority on Scope of Copyright Preemption Hunton Andrews Kurth
Jul
13
2015
Arguments in Appeal of Texas Federal Court Injunction on Immigration Reform Executive Actions Jackson Lewis P.C.
Jul
9
2015
Fifth Circuit Appeal of Injunction on Immigration Reform Executive Actions Set for Arguments Jackson Lewis P.C.
Jul
7
2015
Fifth Circuit Continues to Permit Wage Claim Waivers in Private Settlements, But Only Where a Bona Fide Dispute Exists Mintz
Jul
7
2015
Fifth Circuit Slams Department of Labor For Botched Investigation and Bad Faith Litigation Tactics Squire Patton Boggs (US) LLP
 

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