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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Feb
12
2016
Fifth Circuit Rejects Employee’s FLSA Off-the-Clock Claim; Highlights Importance of Overtime Authorization and Reporting Policies in Off-the-Clock Cases Mintz
Jan
6
2017
The Saga Continues on the Fate of the DOL’s Overtime Rule Mintz
Dec
16
2019
Courts See Through Scam Setup TCPA Suits Mintz
Jan
27
2020
Establishing Subject Matter Jurisdiction Over Post-Award Motions in Federal Court: Split Deepens as Fifth Circuit Joins Three Others in Adopting “Look-Through” Analysis Mintz
Oct
4
2021
Optis Puts Apple’s Feet to the UK Fire: Commit to FRAND or Be Snuffed Out Mintz
May
16
2024
Fifth Circuit Upholds (For Now) SEC Rules Concerning ESG Proxy Votes Mintz
Sep
17
2013
What Must a Secured Creditor Do to Get Its Due? Mintz
Jun
7
2018
An Arbitrator’s Power May Be Greater Than That of a Judge Mintz
Jul
16
2018
The Potential Pitfalls of Contesting Arbitrability in the Arbitration Mintz
Oct
24
2019
Are Bankruptcy Blocking Provisions in Corporate Governance Documents Enforceable? Mintz
Dec
18
2019
District Court denies motion to dismiss despite Federal Circuit’s finding of patent invalidity in appeal of parallel ITC investigation Mintz
Mar
20
2023
EPA's eighth attempt to define the reach of the Federal Clean Water Act will be the law in no more than 48 of the 50 states (so far) Mintz
Nov
5
2015
Fifth Circuit (Again) Reverses NLRB and Finds Class Action Waivers in Arbitration Agreements Do Not Violate the NLRA Mintz
Sep
12
2018
Avoiding Unexpected Liability for Former Employees’ Medical Expenses Mintz
Jan
9
2019
Significant 2018 Trademark Decisions Mintz
Aug
31
2020
Arbitrability, Delegation, Carve-outs and Estoppel: SCOTUS Says “Welcome Back, Henry Schein” Mintz
Sep
3
2021
US Open for FRAND Business: The Fifth Circuit Vindicates Ericsson, Finding that Ericsson’s Offers were FRAND Mintz
Jul
6
2022
5th Circuit Confirms Avanci SEP Pool is Safe: No Antitrust Issue with Avanci’s Pool Mintz
Sep
6
2023
What's New in Wireless - September 2023 Mintz
Nov
16
2023
Fighting for Access to Lifesaving HIV Medicine Mintz
Mar
21
2024
Texas Court Rules ESG Lawsuit Against Employer's 401(k) Plan Can Proceed Mintz
May
1
2024
The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two SEPs Mintz
Dec
23
2012
Bankruptcy Abroad: US Creditors’ Rights Remain Relevant in Chapter 15 Mintz
Sep
16
2016
Teladoc Receives Support from the Feds Mintz
Oct
6
2021
Invalidity of Terminal Patents Not Tied to Disclaimed Patent-in-Suit’s Expiration Mintz
Nov
7
2021
OSHA Vaccine Rule Temporarily Blocked By Federal Appeals Court Mintz
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
May
1
2024
Energy & Sustainability Litigation Updates — May 2024 Mintz
May
5
2016
Fifth Circuit Holds Third Party Witness’ Retaliation Claim Requires “Reasonable Belief” That Title VII Violation Has Occurred Mintz
Nov
30
2017
Fifth Circuit Limits FCA Liability Due to Lack of “Materiality” in Highway Guardrails Case Mintz
Apr
14
2020
PTAB’s Precedential Opinion Panel Rejects Review of Decision Denying Institution Due to Proximity of District Court Trial, and Remands Back to Panel for Supplemental Briefing Mintz
Nov
2
2023
Energy & Sustainability Litigation Updates — November 2023 Mintz
May
15
2013
Warrantless Cell Phone Searches – A Look at the Case Law Mintz
Feb
26
2018
Your Arbitration Is Not Yet Filed, But Attachment in Aid of That Arbitration May Be Available Mintz
Jun
15
2018
Is a “necessary distributor” enough to qualify as a regular and established place of business for purposes of satisfying proper venue? Mintz
 

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