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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Aug
15
2022
Circuit Panel Invites Full Court to Reconsider Title VII ‘Ultimate Employment Decisions’ Rule Jackson Lewis P.C.
Apr
3
2024
Texas Federal Judge Struck Down Labor Board’s New Joint-Employer Rule Jackson Lewis P.C.
Jul
21
2014
Fifth Circuit Confirms Employer’s Right To Set Workweek For Payroll Purposes Jackson Lewis P.C.
Sep
27
2016
Lawsuit Filed Against OSHA on Walk-Arounds Jackson Lewis P.C.
Oct
25
2016
Texas Federal Court Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules Jackson Lewis P.C.
Nov
30
2016
Fifth Circuit Court Denies Preliminary Injunction Request in Legal Challenge to OSHA’s Electronic Recordkeeping Rule Jackson Lewis P.C.
Jul
21
2021
Judge Again Finds DACA Program Illegal, Blocks New Applications, Allows Renewals Jackson Lewis P.C.
Mar
18
2024
Labor Department Provides Guidance on FLSA Pump-at-Work Protections for School Employees Jackson Lewis P.C.
Jun
3
2015
Fifth Circuit Narrows Its Holding Regarding Waiver of FLSA Claims Without Supervision; Fair Labor Standards Act Jackson Lewis P.C.
Dec
17
2015
Ohio Federal Court Rejects Challenge to Application of Companionship Exemption to Home Health Aide Jackson Lewis P.C.
Nov
23
2016
Texas Court Grants Nationwide Preliminary Injunction Enjoining Department of Labor from Implementing or Enforcing Regulation Raising Salary Level for White Collar Exemptions Jackson Lewis P.C.
Jan
25
2017
DOL Requests Additional Time to “Consider Issues” Before Filing Reply In Support of Salary Basis Rule Jackson Lewis P.C.
Feb
22
2017
Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule Jackson Lewis P.C.
Aug
28
2017
Top 5 Things to Know About Workplace Language Rules Jackson Lewis P.C.
Apr
3
2024
What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers Jackson Lewis P.C.
Dec
17
2016
Fifth Circuit Judge Halts New Overtime Rule Issuing Nationwide Injunction Sherin and Lodgen LLP
Nov
4
2014
More “Texas Justice” For Policyholder On Contractual Liability Exclusion Proskauer Rose LLP
Feb
9
2016
Fifth Circuit Weighs In On Breadth Of Rehabilitation Act Proskauer Rose LLP
Nov
30
2016
Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule Proskauer Rose LLP
Sep
30
2021
State Infringement of Copyright Cannot Proceed in Federal Court, Fifth Circuit Says Proskauer Rose LLP
Aug
26
2022
Fifth Circuit Rules that DOL Advisory Opinion Is Subject to Judicial Review and Invalidates DOL Advisory Opinion on Health Insurance Proskauer Rose LLP
Nov
12
2014
Wisconsin Federal Court Follows 5th Circuit Asadi Decision, Dismisses Dodd-Frank Whistleblower Claim Proskauer Rose LLP
Jan
26
2017
Trump DOL Presses Pause Button on Appeal of Overtime Rule Injunction Proskauer Rose LLP
Aug
31
2017
Texas Court Grants Summary Judgment Invalidating 2016 Federal Overtime Rule Proskauer Rose LLP
Sep
7
2017
Fifth Circuit Dismisses Appeal of Nationwide Injunction of Obama-Era Overtime Rule Proskauer Rose LLP
May
6
2020
5th Circuit: Arbitration Available for Employee’s Collective Action Claims Proskauer Rose LLP
Apr
1
2021
Fifth Circuit Rules that Project Completion Bonus is Not an ERISA Severance Plan Proskauer Rose LLP
May
17
2021
Underperforming SPAC Still Subject to Federal Claims in Securities Class Action Proskauer Rose LLP
Nov
15
2023
U.S. Chamber Strikes Back At NLRB Joint-Employer Rule Proskauer Rose LLP
Feb
27
2024
Fifth Circuit Vacates $365 Million Punitive Damages Award for Title VII Discrimination and Retaliation Claims Proskauer Rose LLP
Mar
19
2015
Fifth Circuit: Hospital Enjoys Standing to Seek ERISA Benefits Proskauer Rose LLP
Aug
12
2015
Fifth Circuit Revives SOX Whistleblower Claim But Rejects Allegations Not Exhausted Before OSHA Proskauer Rose LLP
Oct
4
2021
Southwest Airlines Wins Injunction Barring Travel Site from Scraping Proskauer Rose LLP
Oct
7
2022
Texas District Court Holds EEOC Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful Proskauer Rose LLP
Jun
15
2023
Fifth Circuit Stay Means Preventive Services Mandate Remains in Effect Proskauer Rose LLP
 

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