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
22
2020
Fifth Circuit Affirms Attorney’s Fee Award of $2.3 million in Misappropriation Case Against Former Employee who Failed to Comply with Court’s Objections Order Sheppard, Mullin, Richter & Hampton LLP
May
9
2022
Signed, Sealed, Delivered? Fifth Circuit Finds Sealing of Sensitive Information Requires Far More Than a Protective Order Sheppard, Mullin, Richter & Hampton LLP
Feb
21
2023
Missed Assignments: The Importance of Assignability Clauses in Restrictive Covenant Agreements Sheppard, Mullin, Richter & Hampton 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
Sep
22
2020
Clash of Game Companies: Lessons learned from GREE and Supercell Dispute Sheppard, Mullin, Richter & Hampton LLP
Aug
1
2023
Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal Sheppard, Mullin, Richter & Hampton LLP
Sep
26
2023
FTC Sues Private Equity Firm and Anesthesiology Practice for Antitrust Violations Sheppard, Mullin, Richter & Hampton LLP
Dec
10
2021
CMS Suspends Vaccine Mandate Enforcement for Healthcare Workers Sheppard, Mullin, Richter & Hampton LLP
Mar
25
2022
Fifth Circuit Upholds ACA Risk Adjustment Program Sheppard, Mullin, Richter & Hampton LLP
Jun
20
2016
Supreme Court Holds That “Actual Fraud” Under Section 523(a)(2)(A) of the Bankruptcy Code May Include Fraudulent Transfers That Occur Without False Representations Sheppard, Mullin, Richter & Hampton LLP
Aug
29
2017
Court Of Appeal Holds That Claims To Recover Wages Under Labor Code Section 558 Brought Through The Private Attorneys General Act May Be Arbitrated Sheppard, Mullin, Richter & Hampton LLP
Mar
25
2022
FTC, DOJ Halt Credit Repair Operation Over Deceptive Practices Sheppard, Mullin, Richter & Hampton LLP
Apr
16
2023
Access to Abortion Pill in Limbo: Navigating the Intricacies of Conflicting Federal Court Rulings in Texas and Washington State Sheppard, Mullin, Richter & Hampton LLP
Aug
31
2023
Another No Surprises Act Update: Texas Court Vacates Rules and Guidance Related to the Qualified Payment Amount Sheppard, Mullin, Richter & Hampton LLP
Mar
8
2024
Trade Groups Continue Fight against CFPB’s 1071 Small Business Rulemaking Sheppard, Mullin, Richter & Hampton LLP
Oct
12
2017
Head on Collision: 5th Circuit Crashes Into Massive $663M Guard Rail Jury Verdict on Materiality Grounds Sheppard, Mullin, Richter & Hampton LLP
May
7
2019
Update to Texas v. United States: DOJ Files a Brief in Support of Eliminating the ACA Sheppard, Mullin, Richter & Hampton 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
Sep
28
2023
Medicare Advantage RADV Audit Final Rule Challenged in Court Sheppard, Mullin, Richter & Hampton LLP
Mar
8
2024
The CFPB Finalizes Credit Card Late Fee Rulemaking Sheppard, Mullin, Richter & Hampton LLP
Sep
9
2017
Federal Court Strikes Down Department of Labor’s Overtime Rule Sheppard, Mullin, Richter & Hampton LLP
Aug
29
2022
Insufficient Evidence: Fifth Circuit Affirms Denial of Preliminary Injunction for Trade Secret Misappropriation Sheppard, Mullin, Richter & Hampton LLP
Feb
3
2015
Justice Department’s Kleptocracy Forfeiture Action Against Real Estate Allegedly Linked to Honduran Bribery Scheme Underscores U.S. Government’s Expansive Jurisdiction Sheppard, Mullin, Richter & Hampton LLP
Nov
18
2016
Fifth Circuit: No Anti-Kickback Violation When Defendant Merely Hopes or Expects Referrals from Benefits Designed for Other Purposes Sheppard, Mullin, Richter & Hampton LLP
Dec
18
2019
JUST IN: Fifth Circuit Court of Appeals Reaches Decision on Latest Case Involving Constitutionality of ACA Sheppard, Mullin, Richter & Hampton LLP
Jun
28
2023
How Quickly are Judge Albright Patent Cases Going to Trial? Sheppard, Mullin, Richter & Hampton LLP
Nov
13
2015
A Blow to the President's Effort to Enact Deferred Action and Authorize Employment for Parents of US Citizens Poyner Spruill LLP
May
21
2010
Lenders Beware: The Threat of Equitable Subordination in Bankruptcy Cases Poyner Spruill LLP
Sep
30
2015
DOL Gets Reined: In Fifth Circuit Court of Appeals Says the Agency Pushed Too Far in Worker Misclassification Case Poyner Spruill LLP
Jul
27
2017
DOL Issues Information Request Regarding Overtime Regulations Michael Best & Friedrich LLP
Mar
3
2014
Avoiding Liability for Retaliation Claims under Dodd-Frank and Other Laws Michael Best & Friedrich LLP
Nov
23
2016
Nationwide Injunction Blocks Overtime Pay Regulations Michael Best & Friedrich LLP
Mar
16
2011
No, EPA Can’t Require a NPDES Permit Without an Actual Discharge! (Take II) Michael Best & Friedrich LLP
Nov
29
2016
OSHA Anti-Retaliation Injunction Denied Michael Best & Friedrich LLP
Jan
29
2014
Reversal on Family and Medical Leave Act (FMLA) Retaliation Claim Highlights Importance of Email and Investigations Michael Best & Friedrich LLP
 

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