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.

Custom text Title Organization
Jun
30
2015
NLRB’s Isolated Position on Class and Collective Action Waivers Takes Another Hit Squire Patton Boggs (US) LLP
Jun
25
2015
Fifth Circuit Holds that “Value” under the Uniform Fraudulent Transfer Statute Requires a Showing of Value to the Transferor’s Creditors Where the Transferor Operated a Ponzi Scheme Holland & Hart LLP
Jun
24
2015
Gone, But Not Forgotten – A Deactivated Facebook Account Can Be Discoverable McBrayer, McGinnis, Leslie and Kirkland, PLLC
Jun
19
2015
Eastern District of Texas Awards Relator $218 Million Despite Fifth Circuit Caution That Claims Not Likely Material or Based on False Certifications McDermott Will & Emery
Jun
17
2015
Circuits Split on Government Warrantless Search of Electronic Data Jackson Lewis P.C.
Jun
11
2015
When a Deferred Compensation Plan Qualifies for “Top-Hat” Plan Status under ERISA Jackson Lewis P.C.
Jun
8
2015
Substance Triumphs Over Form in American Housing Foundation: Bankruptcy Code Squire Patton Boggs (US) LLP
Jun
3
2015
Fifth Circuit Narrows Its Holding Regarding Waiver of FLSA Claims Without Supervision; Fair Labor Standards Act Jackson Lewis P.C.
Jun
2
2015
First Challenge to NLRB’s New Election Rules Dismissed –Rules Held Constitutional Epstein Becker & Green, P.C.
Jun
1
2015
Two Recent Decisions Potentially Expand Fraudulent Transfer Exposure in Ponzi Schemes Allen Matkins Leck Gamble Mallory & Natsis LLP
May
31
2015
Judge Awards Nearly $75,000 to Victim of Pregnancy Discrimination in EEOC Suit Against United Bible U.S. Equal Employment Opportunity Commission
May
28
2015
Party Over for Claimed Mardi Gras Bead Dog Trademarks re: Trademark Validity McDermott Will & Emery
May
27
2015
Fifth Circuit Decision Leaves Injunction on Obama Administration’s Deferred Action Program in Place Greenberg Traurig, LLP
May
15
2015
District Court Dismisses Data Breach Class Action Against eBay Katten
Apr
20
2015
Update on Final Rule for the Family Medical Leave Act Covington & Burling LLP
Apr
16
2015
Not Necessarily Lockstep: Trustee’s Compensation Still Subject to Reasonableness Requirement Squire Patton Boggs (US) LLP
Apr
15
2015
Fifth Circuit Ruling in BMC Software, Inc. v. Comm’r. Is Good News for Taxpayers McDermott Will & Emery
Apr
7
2015
FMLA Same-Sex Spouse Final Rule Enjoined in Some States Epstein Becker & Green, P.C.
Mar
26
2015
No Acquiescence Defense in Fifth Circuit Without Significant Investment in Reliance: Pennzoil-Quaker State Co. v. Miller Oil & Gas Operations McDermott Will & Emery
Mar
19
2015
Federal Government Seeks Stay of Texas Federal Court Injunction on Immigration Reform Executive Actions Jackson Lewis P.C.
Mar
19
2015
Fifth Circuit: Hospital Enjoys Standing to Seek ERISA Benefits Proskauer Rose LLP
Mar
17
2015
A Single “Heil Hitler” Not Hostile Enough Barnes & Thornburg LLP
Mar
12
2015
Eidos Display, LLC v. AU Optronics Corp: Claim Definite Enough for those of Skill in the Art, even if Not the Eastern District of Texas Schwegman, Lundberg & Woessner, P.A.
Mar
11
2015
Unfair, Deceptive or Abusive Acts or Practices (UDAAP) Council Weekly UDAAP Standards Report - 3/11/2015 Foley & Lardner LLP
Mar
4
2015
Two Recent Decisions Hold That A Whistleblower Is Not Barred From Bringing A Qui Tam Lawsuit Based Upon Facts Already Known To The Government As A Result Of Audit Or Investigation That Is Not Known To The General Public Tycko & Zavareei LLP
Mar
4
2015
Stanford Receiver Wins First Fraudulent Transfer Jury Trial Barnes & Thornburg LLP
Feb
26
2015
Allocation of Copyright Damages for Co-Owners McDermott Will & Emery
Feb
26
2015
Nationwide Mutual Insurance Co. v. Gum Tree Prop. Management, LLC: Duty to Defend Only Triggered Where Subject Activities Are Specified in the Policy McDermott Will & Emery
Feb
25
2015
“Too Black”: Waitress’s Claim of Color Bias Raises Novel Title VII Claim McBrayer, McGinnis, Leslie and Kirkland, PLLC
Feb
23
2015
2015 Promises to Bring Further Clarity to Whether Defendants Can Moot Class Actions by Mooting the Claims of Named Plaintiffs Faegre Drinker
Feb
23
2015
DHS Funding Deadline Days Away; Federal Judge Blocks President Obama’s Immigration Actions Squire Patton Boggs (US) LLP
Feb
19
2015
Federal Immigration Authorities Suspend President’s Two New Deferred Action Programs in Response to Federal Court Injunction Jackson Lewis P.C.
Feb
16
2015
Louisiana Federal Court Excludes “Every Exposure” Testimony Beveridge & Diamond PC
Feb
12
2015
Account Holders Lack of Contacts Fails to Subject Cayman Bank to Personal Jurisdiction in Texas Horwood Marcus & Berk Chartered
Feb
6
2015
Fifth Circuit Relieves Company of “Arranger” Liability under CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Morgan, Lewis & Bockius LLP
Feb
3
2015
Justice Department’s Kleptocracy Forfeiture Action Against Real Estate Allegedly Linked to Honduran Bribery Scheme Underscores U.S. Government’s Expansive Jurisdiction Sheppard, Mullin, Richter & Hampton LLP
Jan
30
2015
Statements Regarding Live Scientific Debate Still Subject to False Advertising Claim McDermott Will & Emery
Jan
28
2015
City’s Termination of Police Officer Over Facebook Posts Did Not Violate First Amendment - Greenville, Mississippi Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
21
2015
Chapter Two: Lawsuits Filed Challenging NLRB’s New Election Rules Jackson Lewis P.C.
Jan
16
2015
Fifth Circuit Holds That Product Development Protocol Has Same Preemptive Effect As Premarket Approval Covington & Burling LLP
Jan
3
2015
Determining the IRS’s Fair Share: Considering Discounts to Establish the Value of Interests in Artwork for U.S. Transfer Tax Purposes Greenberg Traurig, LLP
Dec
15
2014
SEC Seeks To “Overrule” Fifth Circuit Whistleblower Interpretation Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
12
2014
Whistleblower Activity Heating Up All Over Barnes & Thornburg LLP
Dec
5
2014
Offer of Judgment Doesn’t Moot Class Action (11th Circuit) Jackson Lewis P.C.
Dec
1
2014
Procedural Missteps Cause Fifth Circuit to Affirm Judgment, Fee Award McDermott Will & Emery
Nov
26
2014
Ineligible Subject Matter in One Court Is Still Ineligible in Another McDermott Will & Emery
Nov
25
2014
Discussing the Fifth Circuit Ruling on Outing Whistleblowers [VIDEO] Proskauer Rose LLP
Nov
25
2014
Trade Secret Misappropriation: Tell Me Your Secret Before I Tell You Whether I Have It Lewis Roca Rothgerber LLP
Nov
22
2014
Utah District Court Strikes Down Regulation of Species Under the Endangered Species Act Steptoe & Johnson PLLC
Nov
20
2014
Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute Proskauer Rose LLP
 

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