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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Sep
9
2013
New Jersey Supreme Court Requires Law Enforcement to Secure a Warrant Before Obtaining Location Data From Wireless Carriers Faegre Drinker
Sep
4
2013
Fifth Circuit Approves Suit for 130 Million Identity Thefts: Lone Star National Bank v. Heartland Payment Systems Raymond Law Group LLC
Sep
3
2013
Fifth Circuit Reverses $25 Million Damages Award Against Pilgrim’s Pride McDermott Will & Emery
Aug
30
2013
Fifth Circuit Panel Hears Oral Argument in Whooping Crane Lawsuit Appeal Beveridge & Diamond PC
Aug
28
2013
Fifth Circuit Joins Chorus to Rein in False Claims Act Mintz
Aug
20
2013
Health Care Qui Tam Update: Recent Developments and Unsealed Cases Mintz
Aug
7
2013
Federal Jury Finds Horse Association Guilty of Antitrust Conspiracy and Monopolization McDermott Will & Emery
Aug
5
2013
Fifth Circuit Limits Securities and Exchange Commission (SEC) Whistleblower Program Morgan, Lewis & Bockius LLP
Jul
31
2013
Internet Evidence - Part III: Hearsay Exceptions Odin, Feldman & Pittleman, P.C.
Jul
30
2013
Internet Evidence - Part I: Authentication Odin, Feldman & Pittleman, P.C.
Jul
17
2013
Federal Courts Continue Literal Interpretation of Subpart F Rules on Income Tax Inclusion McDermott Will & Emery
Jul
17
2013
Fifth Circuit Upholds Dismissal of Katrina Global Warming Suit on Res Judicata Grounds Beveridge & Diamond PC
Jun
30
2013
District Court Dismisses Class Action Suit Under Federal Tort Claims Act (FTCA) Against Securities Exchange Commission (SEC) Katten
Jun
30
2013
Fifth Circuit Holds that Dallas Taxicab Rule is Not Preempted by the Clean Air Act Beveridge & Diamond PC
Jun
29
2013
Use Can Be Inferred from Reliance on Trade Secrets in Developing One’s Own Technology McDermott Will & Emery
Jun
29
2013
Time Warner Avoids Nexstar’s Broadcasting Retransmission Injunction McDermott Will & Emery
Jun
26
2013
Clean Air Act Insurance Defense Coverage Barnes & Thornburg LLP
Jun
26
2013
U.S. Supreme Court Directs 5th Circuit Court of Appeals to Re-Examine University of Texas’ Race-Conscious Admissions Policies Barnes & Thornburg LLP
Jun
22
2013
Fifth Circuit Holds That Securities Fraud Defendants May Not Rebut the Fraud-on-the-Market Presumption at the Class Certification Stage Through Evidence of No Price Impact Sheppard, Mullin, Richter & Hampton LLP
Jun
15
2013
“Sophisticated Plaintiff” Found to Be Adequate Class Representative in Securities Litigation Case Katten
Jun
13
2013
New Developments Surrounding Lactation Discrimination Morgan, Lewis & Bockius LLP
Jun
8
2013
Don’t Overlook The Gems In Equal Employment Opportunity Commission (EEOC) Files Barnes & Thornburg LLP
Jun
3
2013
Breastfeeding is Protected by Title VII, Fifth Circuit Rules ArentFox Schiff LLP
Jun
3
2013
No Termination for “False” Affidavit Where Statement Was Made to the Best of Affiant’s Knowledge: Silver Dream L.L.C. v. 3MC Inc. McDermott Will & Emery
Jun
1
2013
Fifth Circuit Upholds Dismissal of Katrina Global Warming Suit Beveridge & Diamond PC
May
31
2013
Arbitration Clause Can Result in Amending an Agreement to Realize Its “Essence”: Timegate Studios, Inc. v. Southpeak Interactive, LLC et al. McDermott Will & Emery
May
15
2013
Warrantless Cell Phone Searches – A Look at the Case Law Mintz
May
5
2013
Fifth Circuit Flushes Away Pro Se Plaintiff’s Claims Against Oil Giants for Intellectual Property Theft and Infringement of a “Giant Plunger” McDermott Will & Emery
May
4
2013
Texas Federal Court Dismisses Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Contribution Claimed Based on Alleged “Re-Contamination” of Former Superfund Site Beveridge & Diamond PC
Apr
24
2013
Testing the Supreme Court (again) on Employment Retaliation Claims Barnes & Thornburg LLP
Apr
20
2013
SAP v. Versata: First Covered Business Method Patent Trial and Appeal Board Trial Tests New AIA (America Invents Act) Trial Provisions Schwegman, Lundberg & Woessner, P.A.
Apr
12
2013
And the Defense Wins Re: Fifth Circuit Weighs in on the Constitutionality of a Statutory Cap on Noneconomic Damages Greenberg Traurig, LLP
Apr
3
2013
Ruling in Endangered Species Act Whooping Crane Lawsuit Stayed by Fifth Circuit Beveridge & Diamond PC
Apr
2
2013
Plaintiff’s Foreign Operations Result in “Lessened” Deference to Choice of Home Forum in Trade Secret Misappropriation Case McDermott Will & Emery
Apr
1
2013
Preliminary Injunction Upheld Against Misappropriated Cardiovascular Drug McDermott Will & Emery
Mar
31
2013
Absent Explicit Language, Subsequent Patent Settlement Agreement Did Not Obviate Earlier Patent Settlement Agreement McDermott Will & Emery
Mar
31
2013
Texas District Court Deems Arbitration Agreement Enforceable Katten
Mar
30
2013
"Robins Dry Dock" Rule Alive and Well Womble Bond Dickinson (US) LLP
Mar
29
2013
Lenders Beware -- Fifth Circuit Has Lowered the Bar for Cramdown Plan Confirmation Sheppard, Mullin, Richter & Hampton LLP
Mar
16
2013
Texas District Court Addresses Misappropriation Theory of Insider Trading Katten
Mar
16
2013
Judicial Approval No More? The Days of Judicially Scrutinized FLSA Settlements May Be Drawing To a Close Barnes & Thornburg LLP
Mar
11
2013
Can Your Employee Sue You? New Decision from 5th Court of Appeals Continues the Confusion as to Who Is a Jones Act Seaman Womble Bond Dickinson (US) LLP
Mar
4
2013
Fifth Circuit Upholds Constitutionality of Mississippi Statutory Cap on Noneconomic Damages Against Right to Jury Trial and Separation of Powers Challenges Greenberg Traurig, LLP
Feb
19
2013
Fifth District Changes Procedure for Obtaining Extension of Time to File Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Dec
23
2012
Bankruptcy Abroad: US Creditors’ Rights Remain Relevant in Chapter 15 Mintz
Dec
4
2012
Fifth Circuit Addresses Issue of When Oral LSTA Loan Trades Become Binding Hunton Andrews Kurth
Nov
23
2012
Domain Names and the First Amendment: The Latest Word Ifrah Law
Nov
4
2012
Fifth Circuit Looks to Totality of Parties’ Conduct to Determine Implied License McDermott Will & Emery
Oct
19
2012
D.R. Horton Files Reply Brief in Appeal of NLRB Decision Barnes & Thornburg LLP
Oct
2
2012
Federal CAFO Regulations Remove “Propose to Discharge” Permitting Requirement Michael Best & Friedrich LLP
 

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