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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Oct
1
2019
The Fifth Circuit Adopts An Expansive Reading Of Section 510(B); Subordinates Claim With ‘Equity Characteristics’ Mintz
Oct
19
2022
Eastern District of Texas Holds Willful Infringement Knowledge Requirement May Be Satisfied by Informing Non-Party of Infringement Claims Before Adding That Party as a Defendant Mintz
Jul
5
2023
Kudos to Kentucky, not that the 6th Circuit stay of its WOTUS challenge is going to matter very much Mintz
Nov
2
2023
Energy & Sustainability IP Updates — November 2023 Mintz
Dec
20
2023
An Early Christmas Present from Three Fifth Circuit Judges Who Concluded a Louisiana Property Is Not Subject to Federal Clean Water Act Jurisdiction Mintz
Jan
29
2024
ExxonMobil Files Lawsuit to Block Shareholder Proposal Concerning Greenhouse Gas Emissions Mintz
Nov
16
2015
NLRB Won’t Take “No” For an Answer — Holds Class Action Waiver in Arbitration Agreement Unlawful Despite Two Previous Reversals at the Fifth Circuit Mintz
Aug
22
2016
Texas Medical Board’s Appeal Must Proceed Under Existing Jurisdiction Arguments Mintz
Sep
1
2017
Employers Receive Important Overtime Law News Just Before Labor Day Mintz
Dec
17
2018
What's Next After the Texas vs. Azar Ruling? Mintz
Sep
22
2021
TCPA Litigation Update — Sixth Circuit Holds TCPA Claims Arising Between November 2015 and July 2020 Are Viable Mintz
Jul
22
2022
Judge Albright Holds Willful Infringement Pleading Does Not Require Allegations of Egregious Infringing Behavior Mintz
Aug
8
2014
Cybersecurity: Litigation, Crime & Enforcement - Significant Case Developments Faegre Drinker
Feb
23
2015
2015 Promises to Bring Further Clarity to Whether Defendants Can Moot Class Actions by Mooting the Claims of Named Plaintiffs Faegre Drinker
Nov
16
2016
Ruling Postponed on Whether the DOL Exemption Rules will be Enjoined Before December 1, 2016 Faegre Drinker
Oct
4
2019
From the Four Corners of the Pleading: Plaintiffs Cannot Rely On Factual Allegations Outside the Pleadings To Defeat a Motion to Dismiss Faegre Drinker
Nov
23
2016
Texas Federal Court Permanently Enjoins DOL’s Persuader Rule Faegre Drinker
Aug
7
2018
Texas Federal Court Compels Arbitration of TCPA Claims, Grants Motion of Nonsignatory to Agreement Faegre Drinker
Oct
7
2020
First-of-its-Kind Decision Rejects Liability for Calls Made Before Supreme Court Cured TCPA’s Unconstitutionality by Invalidating Debt-Collection Exception Faegre Drinker
Jan
20
2021
Eastern District of California Adds to Creasy Split Faegre Drinker
Feb
9
2021
Fifth Circuit Decision Motivates Covered Entities to Appeal Unreasonable Enforcement Outcomes Faegre Drinker
Jan
17
2017
Fifth Circuit Enforces Six-Month Statute of Limitations in OSHA Violations Case Faegre Drinker
Dec
19
2018
ACA Intrigue to Continue into 2019 – Federal Court in Texas Issues Ruling with Potentially Far-Reaching Implications for Health Care and Employer Group Health Plans Faegre Drinker
Dec
29
2020
Professional Plaintiff Who Manufactured Claims Can Sue But Can’t Represent Class Faegre Drinker
Jul
2
2018
TPAs as Fiduciaries . . . of Their Own Plans Faegre Drinker
May
26
2020
COVID-19, Executive Authority and Fundamental Rights: What Do the Courts Say? Faegre Drinker
Feb
12
2021
Double Whammy: Fifth Circuit Affirms Dismissal of Suit Against Generic and Brand-Name Drug Manufacturers Faegre Drinker
Nov
3
2014
Oracle, YP Interactive, and Yellowpages.com v. Click-to-Call Technologies LP, Final Written Decision IPR2013-00312 Faegre Drinker
Mar
27
2018
What Does the 5th Circuit Decision Mean for Rollover Recommendations? Interesting Angles on the DOL’s Fiduciary Rule #84 Faegre Drinker
May
23
2018
The Fiduciary Rule Has (Almost Certainly) Been Vacated: What Plan Sponsors Should Know Faegre Drinker
May
28
2020
Taking Side on Circuit-Splitting Issue, Texas District Court Holds that Facebook Promotional Texts Were Not Sent Using ATDS Faegre Drinker
Sep
9
2013
New Jersey Supreme Court Requires Law Enforcement to Secure a Warrant Before Obtaining Location Data From Wireless Carriers Faegre Drinker
May
16
2017
Intercreditor Dispute Raises Questions Regarding Authority to Object to Chapter 11 Plan Faegre Drinker
Sep
24
2020
Talking Through the DOL’s Proposed Prohibited Transaction Exemption, Episode 4: Litigation Risks Faegre Drinker
Feb
6
2014
Court Finds That Vendor of VoIP Service That Circumvents Caller Identification is Not Secondarily Liable for Caller’s TCPA (Telephone Consumer Protection Act) Violations Faegre Drinker
 

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