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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Apr
24
2014
Policy Restricting Employees from Discussing Wage Info with Outsiders Ruled Unlawful Jackson Lewis P.C.
Apr
24
2014
Eastern District of Texas Denies SAP’s Motion to Vacate the Judgment in the Versata Patent Infringement Case Schwegman, Lundberg & Woessner, P.A.
Apr
21
2014
Fifth Circuit Denies NLRB (National Labor Relations Board) Rehearing Request on Class Action Waivers; NLRB Likely to Continue Ignoring Fifth (and Other) Circuit Court Rulings Barnes & Thornburg LLP
Apr
17
2014
NLRB Dr. Horton Rehearing Denied--National Labor Relations Board Barnes & Thornburg LLP
Apr
11
2014
Ship Financing Charter Loses Key to Texas Court Vedder Price
Apr
3
2014
Fifth Circuit Holds Non-Union Employer Confidentiality Policy Violates the National Labor Relations Act (NLRA) ArentFox Schiff LLP
Apr
2
2014
Data-Encryption Is Patent Eligible Despite Not Being Tied to a Particular Machine McDermott Will & Emery
Apr
1
2014
General Contractor Held Not to Have Coverage as Additional Insured for Damage Arising Out of its Subcontractor’s “Completed Operations” Barnes & Thornburg LLP
Mar
28
2014
Fifth Circuit Ruling Serves as Reminder that Confidentiality Agreements Should be Drafted So As to Not Tread on National Labor Relations Act (NLRA) Section 7 Rights Jackson Lewis P.C.
Mar
8
2014
University Professor’s Religious Speech Not Protected, Mississippi Federal Court Rules Jackson Lewis P.C.
Mar
3
2014
Avoiding Liability for Retaliation Claims under Dodd-Frank and Other Laws Michael Best & Friedrich LLP
Feb
28
2014
Employer’s Mandatory Arbitration Clause Waiving Employee’s Right to Sue in Court Upheld Jackson Lewis P.C.
Feb
27
2014
Workplace Bullying may Amount to Actionable Discrimination Barnes & Thornburg LLP
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.
Feb
21
2014
5th Circuit Skirts Extraterritoriality Issue Under (Sarbanes-Oxley Act) SOX Jackson Lewis P.C.
Feb
12
2014
Sure You Can Appeal – As Long as Committee Counsel Works for Free Greenberg Traurig, LLP
Feb
10
2014
Louisiana Federal Court Jurisdictional Minimum Not Met in Chemical Explosion Case Beveridge & Diamond PC
Feb
6
2014
Court Finds That Vendor of VoIP Service That Circumvents Caller Identification is Not Secondarily Liable for Caller’s TCPA (Telephone Consumer Protection Act) Violations Faegre Drinker
Feb
4
2014
Police Officer’s Facebook Rants Not Protected Speech under the First Amendment, Federal Court Rules Jackson Lewis P.C.
Feb
3
2014
Split Decision: Top 5 Noncompete Stories Lean Slightly in Favor of Enforcement Barnes & Thornburg LLP
Jan
29
2014
Reversal on Family and Medical Leave Act (FMLA) Retaliation Claim Highlights Importance of Email and Investigations Michael Best & Friedrich LLP
Jan
27
2014
Federal Trade Commission (FTC) Hit with Lawsuit by Target of its Fraudulent Patent Enforcement Investigation McDermott Will & Emery
Jan
16
2014
Federal District Court in Mississippi Provides Good Discussion of Negative Corpus from National Fire Protection Association (NFPA) 921 Armstrong Teasdale
Dec
20
2013
Is Section 1506 Manifestly Irrelevant? Re: Foreign Bankruptcy Greenberg Traurig, LLP
Dec
9
2013
Fifth Circuit Overrules National Labor Relations Board's (NLRB) D.R. Horton Decision ArentFox Schiff LLP
Dec
9
2013
Severe AND Pervasive? Re: Sexual Harassment Lawsuit Barnes & Thornburg LLP
Dec
6
2013
Fifth Circuit Upholds The Validity Of Class-Action Waivers In Arbitration Agreements Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2013
$2.3 Million Trial Verdict Against Newegg Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2013
Challenging Department of Treasury Regulations After Mayo and Home Concrete McDermott Will & Emery
Dec
6
2013
Fifth Circuit Reverses NLRB (National Labor Relations Board) Ruling in D.R. Horton Jackson Lewis P.C.
Dec
6
2013
Fifth Circuit Upholds Arbitration Agreement Prohibiting Employee Collective or Class Action Claims Bracewell LLP
Dec
5
2013
Texas Court Stays TCPA (Telephone Consumer Protection Act) Class Action So Parties Can Request FCC (Federal Communications Commission) Ruling Regarding Whether Defendants Used An Automatic Telephone Dialing System Faegre Drinker
Dec
5
2013
A New World of Avoidance Options Greenberg Traurig, LLP
Dec
5
2013
Fifth Circuit Rejects NLRB’s (National Labor Relations Board) Ban on Class Action Waivers Morgan, Lewis & Bockius LLP
Dec
5
2013
Fifth Circuit Overrules NLRB – U.S. Employers Can Require Employees to Resolve Disputes on Individual Basis, Not by Class Action Michael Best & Friedrich LLP
Dec
5
2013
Judges Lobbying the Supreme Court on Jurisdiction? Greenberg Traurig, LLP
Dec
4
2013
Fifth Circuit Issues Landmark DR Horton Decision Barnes & Thornburg LLP
Nov
27
2013
The Eastern District of Texas Adopts a Model Order for Patent Cases in an Attempt to Reduce Litigation Costs McDermott Will & Emery
Nov
15
2013
For Secured Creditors, Too Late May Be Too Little Mintz
Nov
15
2013
Fifth Circuit Holds That Stern Eliminates Bankruptcy Court's Power to Decide Non-Core Actions by Consent Greenberg Traurig, LLP
Nov
12
2013
Proofs of Claim: Attorney Signatures and the Risk of Loss of Privileges Greenberg Traurig, LLP
Nov
10
2013
Eastern District of Texas Adopts Limits on Asserted Patent Claims and Prior Art Morgan, Lewis & Bockius LLP
Oct
9
2013
Cloning Decision Could Lead to Copycat Litigation in the World of Racing Sheppard, Mullin, Richter & Hampton LLP
Oct
4
2013
When Is Anything Really Final? Re: Copyright Infringement McDermott Will & Emery
Oct
1
2013
Fifth Circuit Denies Review of EPA Title V Permit Objections Beveridge & Diamond PC
Sep
25
2013
Social Media Policy Provides Legitimate, Nondiscriminatory Reason for Termination Barnes & Thornburg LLP
Sep
24
2013
The Fifth Circuit Said What About Reasonable Accommodations? Re: Americans with Disabilities Act Barnes & Thornburg LLP
Sep
20
2013
Federal Court Rules That Patent Infringement Can Violate Antitrust Laws Bracewell LLP
Sep
17
2013
What Must a Secured Creditor Do to Get Its Due? Mintz
Sep
10
2013
Fifth Circuit Seeks Texas Supreme Court Input in Deepwater Horizon Insurance Coverage Dispute Beveridge & Diamond PC
 

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