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
2
2021
No Service, No Notice McDermott Will & Emery
Jan
29
2020
No Statutory Damages Even When Post-Registration Acts Violate a Different Exclusive Right from Pre-Registration Acts McDermott Will & Emery
Mar
17
2022
No Surprises Act Challenges, Win for Providers Foley & Lardner LLP
Aug
10
2023
No Surprises Act Update: Federal IDR Temporarily Suspended After Court Vacates Increased Administrative Fees and Rule for Batching Claims. Sheppard, Mullin, Richter & Hampton LLP
Mar
2
2022
No Surprises Act: Federal Court Invalidates Parts of the Independent Dispute Resolution Process Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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
May
1
2024
No Time for Fraud: Government Contractor to Pay $18.4 Million for False Timecard Submissions Tycko & Zavareei LLP
Jun
29
2016
No Waiver of Forum Selection Clause Despite Filing Declaratory Judgment Action in Non-Selected Forum McDermott Will & Emery
Mar
16
2011
No, EPA Can’t Require a NPDES Permit Without an Actual Discharge! (Take II) Michael Best & Friedrich LLP
Aug
2
2021
Non-Solicitation Agreements Face Heightened Risk of Criminal Prosecution as DOJ Secures Latest Indictments Vedder Price
Mar
8
2022
Nope! The COVID-19 Emergency Exception Applies. Texas Judge Recommends Dismissal of Single-Text TCPA Claim Squire Patton Boggs (US) LLP
Jan
9
2017
Northern District of Texas Blocks Enforcement of the Non-Discrimination Regulations of the ACA McDermott Will & Emery
Oct
15
2019
Not Another Puff Piece: The Difference Between Puffery and False Advertising ArentFox Schiff LLP
Apr
16
2015
Not Necessarily Lockstep: Trustee’s Compensation Still Subject to Reasonableness Requirement Squire Patton Boggs (US) LLP
Mar
22
2023
Not so hard cases can also make bad law -- Deference to Agencies takes a hit in the Texas Waters of the United States Case Mintz
Aug
25
2020
Notes From The Fifth Circuit: Is Light Shining More Favorably On Big Antitrust Judgments? Barnes & Thornburg LLP
Jan
21
2021
NRA Fires Off Bankruptcy Petition, Raising Questions about Good Faith and Venue Binder & Schwartz
Nov
23
2016
Obama Appointee Trumps Implementation of DOL's Salary Hike Jones Walker LLP
Dec
5
2014
Offer of Judgment Doesn’t Moot Class Action (11th Circuit) Jackson Lewis P.C.
Sep
23
2021
Offshore Jurisdictional Issue Primer Jones Walker LLP
Jun
18
2019
Offshore Oil Rig Workers’ Overtime Claims Governed by FLSA, Not California Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
2
2022
Oh Snap: Sufficient Reasoning Must Support Declaratory Judgment Dismissal McDermott Will & Emery
Dec
17
2015
Ohio Federal Court Rejects Challenge to Application of Companionship Exemption to Home Health Aide Jackson Lewis P.C.
Apr
22
2021
Old Country Buffet’s Parent, Fresh Acquisitions, Files for Chapter 11 Bankruptcy in Northern District of Texas Stark & Stark
Jul
25
2011
On Professionalism, Grammar And Proofreading -Sanches v. Carrollton-Farmers Branch I.S.D. Hunton Andrews Kurth
Nov
16
2021
Once More, with Feeling: Fifth Circuit Re-Affirms Stay of ETS and Then Loses Jurisdiction of the Case Ward and Smith, P.A.
Jul
19
2019
One of These Things Is Not Like The Other: Emails Are Not Subject To The TCPA, Even If You Get Them On Your Smartphone. Squire Patton Boggs (US) LLP
Aug
14
2017
Online Retailer Pleads Guilty in Conspiracy Effectuated Through Social Media McDermott Will & Emery
Mar
30
2016
Opening Brief Filed Before Fifth Circuit in Appeal of Largest False Claims Act Judgment McDermott Will & Emery
Jan
19
2021
Optimism in East Texas McDermott Will & Emery
Oct
4
2021
Optis Puts Apple’s Feet to the UK Fire: Commit to FRAND or Be Snuffed Out Mintz
Nov
3
2014
Oracle, YP Interactive, and Yellowpages.com v. Click-to-Call Technologies LP, Final Written Decision IPR2013-00312 Faegre Drinker
Jan
28
2019
Oral Argument Calendared for March 12 in All American Check Cashing case Ballard Spahr LLP
Aug
1
2017
Oral Argument in Overtime Appeal to be Held in Early October Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
3
2017
Oral Argument on Overtime Rule Appeal Scheduled for October 2nd Jackson Lewis P.C.
 

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