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
24
2017
Overtime Appeal Oral Argument Scheduled for October 3 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
14
2018
Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished Capacity Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
12
2021
Beltway Buzz, November 12, 2021 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
1
2019
Lawsuit Challenges Dallas Paid Sick Leave Ordinance Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
26
2021
Texas Fifth District Court of Appeals: Texas Law Prohibits Sexual Orientation Discrimination Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
13
2021
Fifth Circuit Again Stays OSHA’s ETS … for Now Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
19
2021
Beltway Buzz, November 19, 2021 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
29
2022
COVID-19–Driven Layoffs Are Not a ‘Natural Disaster’ Under WARN Act, Fifth Circuit Rules Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
26
2017
DOL Overtime Rule Appeal Faces Uncertainty Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
7
2017
The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
18
2019
Offshore Oil Rig Workers’ Overtime Claims Governed by FLSA, Not California Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
9
2019
Texas’ Anti-SLAPP Regime Does Not Apply in Federal Diversity Cases, Says the Fifth Circuit Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
22
2022
Fifth Circuit Affirms Preliminary Injunction Blocking Federal Contractor COVID-19 Vaccine Mandate Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
30
2017
Is Never Returning to Work a Reasonable Accommodation? Fifth Circuit Says No Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
30
2018
Fifth Circuit Upholds Jury Verdict in Constructive Discharge Case due to Employer’s “Shifting Reasons” for Its Personnel Decisions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
3
2018
Louisiana Supreme Court Rejects Governor’s Appeal of LGBT Executive Order Ruling Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
11
2019
Fifth Circuit Rules No Notice of Collective Actions for Employees With Arbitration Agreements Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
27
2021
Fifth Circuit Loss for Employee Who Refused Vaccine for Religious Reasons Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
13
2016
Fifth Circuit Agrees to Fast Track DOL Overtime Appeal Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
31
2017
Employer Victory: Fifth Circuit Judge Invalidates 2016 Overtime Regulations Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
23
2021
Oregon OSHA Anticipates Delay in Adopting COVID-19 Vaccine or Test Standard Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
15
2022
Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
16
2016
Labor Department Argues That Texas Court Erred When It Blocked Overtime Rule Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
25
2019
Court: Employers Can’t Stall Subpoenas to Run out OSHA’s Enforcement Clock Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
14
2021
Fifth Circuit Sets New Standard for Certifying FLSA Collective Actions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
7
2021
Court of Appeals Stays OSHA’s Emergency Temporary Standard Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
3
2017
The National Practitioner Data Bank and a U.S. District Court Disagree on Mandatory Reporting Criterion von Briesen & Roper, s.c.
Dec
1
2021
Preliminary Injunction that Enjoins CMS Vaccine Mandate von Briesen & Roper, s.c.
Nov
23
2016
Department of Labor's Overtime Rule Blocked by Federal Court von Briesen & Roper, s.c.
Feb
1
2024
What Compliance Officers Need to Know From 2023’s Compliance Trends von Briesen & Roper, s.c.
Sep
6
2017
Proposed Department of Labor Overtime Rule Appears Destined for Shelving von Briesen & Roper, s.c.
Mar
5
2021
HIPAA Fine Exposure May Be Reduced by 5th Circuit Decision Greenberg Traurig, LLP
Apr
9
2024
5th Circuit Says District Court Lacked Jurisdiction to Transfer CFPB Late-Fee Rule Suit Out of Texas Greenberg Traurig, LLP
Nov
10
2015
Fifth Circuit Court of Appeals Blocks Administration’s Executive Action on Immigration Greenberg Traurig, LLP
Nov
8
2022
Class Action Litigation Newsletter | Fall 2022 Greenberg Traurig, LLP
 

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