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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Jul
28
2021
Parties, Start Your Engines: Snap Removals and Defeating Incomplete Diversity Jackson Lewis P.C.
Feb
18
2022
Jackson Lewis Class Action Trends Report 2022: COVID-19 Vaccine Mandate Litigation Jackson Lewis P.C.
Jul
1
2022
Class Action Trends Report: Other Class Action Developments Jackson Lewis P.C.
Aug
29
2022
Cable Technicians Were Exempt Commissioned Employees, Fifth Circuit Concludes Jackson Lewis P.C.
Apr
24
2014
Policy Restricting Employees from Discussing Wage Info with Outsiders Ruled Unlawful Jackson Lewis P.C.
Sep
25
2014
Failure To Report For Random Drug Test Defeats Employee’s ADA Suit Jackson Lewis P.C.
Jun
17
2015
Circuits Split on Government Warrantless Search of Electronic Data Jackson Lewis 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.
Dec
21
2015
No GINA Violation for Alternate Duty Assignment after Firefighter Refused Compliance with ‘Mandatory Wellness Program’ Jackson Lewis P.C.
Feb
23
2016
Car Leasing Employee’s Equal Pay Discrimination Claim Proceeds, Mississippi Federal Court Rules Jackson Lewis P.C.
Nov
17
2016
Labor Department’s ‘Drastic Change’ to ‘White Collar’ Overtime Exemption Rule Troubles Court Jackson Lewis P.C.
Jan
28
2017
Fifth Circuit Grants Government Request for Additional Time to State Position on Overtime Rule Jackson Lewis P.C.
Nov
27
2017
Refinery Workers’ Pre-Shift Wait Time Not Compensable, Fifth Circuit Holds Jackson Lewis P.C.
Jan
3
2019
Appellate Courts Agree: Regular, Reliable Attendance Is Essential Function of Most Jobs Jackson Lewis P.C.
Jun
24
2019
Who Gets Notice Of a Collective Action? Jackson Lewis P.C.
Nov
15
2021
5th Circuit Orders OSHA to Stand Down Jackson Lewis P.C.
Feb
18
2022
Jackson Lewis Class Action Trends Report 2022: Procedural issues take center stage Jackson Lewis P.C.
Mar
9
2022
Fifth Circuit: Remand to Determine Disability was Not a “Second Bite at the Apple” for Insurer Jackson Lewis P.C.
Mar
19
2015
Federal Government Seeks Stay of Texas Federal Court Injunction on Immigration Reform Executive Actions Jackson Lewis P.C.
Apr
17
2017
Government Seeks Another Delay on DOL’s Overtime Rule Jackson Lewis P.C.
Jul
29
2021
Fifth Circuit: Plan Participants Lacked Standing to Bring ERISA Fiduciary Breach Claims Jackson Lewis P.C.
Dec
16
2021
Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19 Vaccine Rule Jackson Lewis P.C.
Mar
16
2022
Government Vaccine Mandates Jackson Lewis P.C.
Feb
28
2024
Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules Jackson Lewis P.C.
Feb
21
2014
5th Circuit Skirts Extraterritoriality Issue Under (Sarbanes-Oxley Act) SOX Jackson Lewis P.C.
Jul
28
2014
Employer May Determine Workweek for Payroll Purposes under FLSA, Fifth Circuit Rules Jackson Lewis P.C.
Aug
15
2016
Fifth Circuit Throws Out I-9 Fines Against Employer for Alleged Section 2 Attestation Deficiencies Jackson Lewis P.C.
Dec
16
2018
Ho! Ho! Ho! Where Did It Go? Texas Court ACA Ruled Unconstitutional Jackson Lewis P.C.
Feb
3
2020
Fifth Circuit Affirms “My Disability Made Me Do It” is No Excuse for Sleeping on the Job Jackson Lewis P.C.
Dec
6
2013
Fifth Circuit Reverses NLRB (National Labor Relations Board) Ruling in D.R. Horton Jackson Lewis P.C.
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.
Oct
3
2014
Attorney-Client Privilege No Shield to Stockholder’s Demand for Internal Review Documents, Delaware High Court Rules 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.
Nov
13
2019
Healthcare Employers’ Title VII Obligations in Harassment, Discrimination of Employees by Patients Jackson Lewis P.C.
Feb
1
2021
Year in Review: Top 10 Class Action Stories and Trends Jackson Lewis P.C.
 

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