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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Mar
5
2016
Employer’s Reliance On Positive Alcohol Test Was Legitimate and Non-Discriminatory Basis For Termination Jackson Lewis P.C.
Dec
4
2017
OSHA Appeals Decision Invalidating its Multi-Employer Citation Policy Jackson Lewis P.C.
Aug
1
2018
Fifth Circuit Permits Employee Allegedly Harassed by Patient to Proceed to Trial Jackson Lewis P.C.
May
3
2022
U.S. Supreme Court Bars Emotional Distress Damages Under Section 504, Title VI, Title IX, ACA Jackson Lewis P.C.
Apr
11
2024
Top Five Labor Law Developments for March 2024 Jackson Lewis P.C.
Feb
28
2014
Employer’s Mandatory Arbitration Clause Waiving Employee’s Right to Sue in Court Upheld Jackson Lewis P.C.
Aug
5
2014
Texas Court Enforces Two-Year Non-Compete; Suggests Restrictions up to Five Years May be Reasonable Jackson Lewis P.C.
Feb
19
2015
Federal Immigration Authorities Suspend President’s Two New Deferred Action Programs in Response to Federal Court Injunction Jackson Lewis P.C.
Oct
12
2016
Fifth Circuit Court Refuses To Compel Defendant To Produce Non-Responsive Documents That Hit On Agreed Upon Search Terms Jackson Lewis P.C.
Apr
21
2017
Appeal of DOL Final Overtime Rule Won’t Be Heard Until At Least The Summer Jackson Lewis P.C.
Aug
3
2017
Oral Argument on Overtime Rule Appeal Scheduled for October 2nd Jackson Lewis P.C.
Oct
30
2017
DOL Confirms New Overtime Rule Coming Jackson Lewis P.C.
Sep
8
2020
Fifth Circuit Creates Circuit Split on FLSA’s “Regular Rate” Burden, Addresses Inclusion of Bonuses Jackson Lewis P.C.
Jun
2
2021
A Rejection of the Rubber-Stamped FLSA Collective Jackson Lewis P.C.
Mar
2
2024
Top Five Labor Law Developments for February 2024 Jackson Lewis P.C.
Sep
1
2015
Fifth Circuit Provides Guidance Regarding Occupations Which “Customarily And Regularly” Receive Tips Jackson Lewis P.C.
Nov
18
2015
EEOC Finds Hospital’s Leave Policy Unlawful, But Texas Federal Court Dismisses Nurse’s ADA Claims Jackson Lewis P.C.
Dec
5
2016
DOL Appeals Preliminary Injunction Ruling to Fifth Circuit Jackson Lewis P.C.
Mar
17
2017
Class Action as Defense: Fifth Circuit Rules Pending Class Action Subsumes Class Member’s Duplicative Individual Claim Jackson Lewis P.C.
Aug
2
2018
Failure to Hire Due to “Jewish Blood” May Constitute Race Discrimination Under Title VII Jackson Lewis P.C.
Jan
2
2020
Company Challenges USCIS Authority to Approve H-1B Visas for Less Than Period Requested Jackson Lewis P.C.
Apr
22
2020
Fifth Circuit: Arbitrator Properly Interpreted Arbitration Agreement to Allow for Collective Claims Jackson Lewis P.C.
Mar
11
2021
Regular Attendance is Essential Even if Employer was Lenient in the Past, Fifth Circuit Holds Jackson Lewis P.C.
Oct
20
2022
Full Fifth Circuit to Rehear Case Challenging Its ‘Ultimate Employment Decisions’ Rule Jackson Lewis P.C.
Mar
8
2014
University Professor’s Religious Speech Not Protected, Mississippi Federal Court Rules Jackson Lewis P.C.
Aug
13
2014
Fifth Circuit Upholds Original Source Requirements under False Claims Act Jackson Lewis P.C.
Jul
9
2015
Fifth Circuit Appeal of Injunction on Immigration Reform Executive Actions Set for Arguments Jackson Lewis P.C.
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.
Oct
18
2016
Poor Performing Employee Cannot Shift Interactive Process Obligation under the ADA Jackson Lewis P.C.
Dec
5
2016
DOL Requests Expedited Ruling on Appeal of Preliminary Injunction, But Appeal Will Not Be Decided Before Trump Administration Under Proposed Schedule Jackson Lewis P.C.
Dec
24
2016
Sen. Sanders, Other Members of Congress, File Amicus Brief in Support of DOL Salary Basis Regulation Jackson Lewis P.C.
Nov
19
2019
The Supreme Court Asks DOJ for Input on the Scope of Title VII Jackson Lewis P.C.
Mar
12
2021
Full Fifth Circuit to Hear FLSA “Day Rate” Case, Vacating Panel Opinion Jackson Lewis P.C.
Nov
8
2021
Fifth Circuit Hits Pause on OSHA COVID-19 Vaccine or Testing Emergency Standard Jackson Lewis P.C.
Dec
1
2021
Nationwide Preliminary Injunction on Centers for Medicare & Medicaid Enforcing COVID-19 Vaccine Rule Jackson Lewis P.C.
 

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