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
28
2017
Texas District Court Dismisses SOX Whistleblower Claim For Lack of Protected Activity Proskauer Rose LLP
Nov
14
2017
District Court Applies Texas Ban on Discretionary Clauses in Insurance Contracts Proskauer Rose LLP
Dec
4
2019
Arbitrator To Decide Whether ERISA Fiduciary Claims Should Be Arbitrated Proskauer Rose LLP
Jan
21
2020
Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act Proskauer Rose LLP
Oct
20
2020
Are Antitrust Claims Against Licensors of Standard Essential Patents Dead On Arrival? Proskauer Rose LLP
Jan
12
2021
2020 Advertising Law Year in Review Proskauer Rose LLP
Feb
23
2021
A Game of Survivor: Private Credit Restructuring Year in Review Proskauer Rose LLP
Nov
2
2021
Price Gouging Litigation Continues Apace Proskauer Rose LLP
Apr
27
2022
Supreme Court Limits Federal Court Jurisdiction to Vacate or Confirm Arbitration Awards Proskauer Rose LLP
Dec
20
2022
Fifth Circuit Affirms Injunction Preventing Enforcement of Contractor Vaccine Mandate Against Louisiana, Indiana, and Mississippi Proskauer Rose LLP
Feb
27
2023
Challenges to the No Surprises Act Continue: The Latest includes a Challenge to a 600% Increase in Administrative Fees Proskauer Rose LLP
Mar
18
2024
Court Temporarily Stays New SEC Climate Change Disclosure Rules Amidst Widening Legal Challenges Proskauer Rose LLP
Jul
21
2014
Texas Federal Court Dismisses FCA (False Claims Act) Claims As Insufficiently Pled 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
4
2014
More “Texas Justice” For Policyholder On Contractual Liability Exclusion 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
Nov
12
2014
Wisconsin Federal Court Follows 5th Circuit Asadi Decision, Dismisses Dodd-Frank Whistleblower Claim 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
Mar
10
2024
BREAKING: Texas District Court Strikes Down NLRA Joint Employer Rule Proskauer Rose LLP
Mar
19
2015
Fifth Circuit: Hospital Enjoys Standing to Seek ERISA Benefits Proskauer Rose LLP
Dec
1
2016
DOL to Appeal Texas Court’s Injunction of New Overtime Rule Proskauer Rose LLP
Feb
28
2017
Social Media eDiscovery: Filter Needed Proskauer Rose LLP
 

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