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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Nov
7
2016
Fifth Circuit Upholds Omnicare Decision for Lack of Supporting Evidence of Kickback Violation McDermott Will & Emery
May
30
2019
Eagle Eye On Attorneys’ Fee Award: Courts Must Apportion Award Based On Successful Claims McDermott Will & Emery
Dec
17
2020
Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight McDermott Will & Emery
Oct
7
2021
Federal Circuit to WD Tex.: Denial of Transfer Motion was Clear Error, Abuse of Discretion McDermott Will & Emery
Dec
16
2021
Fifth Circuit Brings Enforcement Back into the Mix: The Latest Court Moves with the CMS Vaccination Mandate McDermott Will & Emery
Mar
17
2022
Judge Albright Issues Another Round of Updated Patent Rules for WDTX McDermott Will & Emery
Jul
21
2022
Tableware Designer Gets Heavenly Results on Its Pearly Plates McDermott Will & Emery
Jun
30
2023
CEO Punches Ticket and Avoids Sanctions Based on Receiving Confidential Documents McDermott Will & Emery
Dec
15
2023
Requirement for Enhanced Share Repurchase Disclosures in Periodic Reports Delayed McDermott Will & Emery
Jul
17
2013
Federal Courts Continue Literal Interpretation of Subpart F Rules on Income Tax Inclusion McDermott Will & Emery
Dec
6
2013
Challenging Department of Treasury Regulations After Mayo and Home Concrete McDermott Will & Emery
May
30
2014
Balancing Venue, Transfer Factors at the Federal Circuit McDermott Will & Emery
Aug
3
2014
No Patent; No Federal Jurisdiction McDermott Will & Emery
Apr
15
2015
Fifth Circuit Ruling in BMC Software, Inc. v. Comm’r. Is Good News for Taxpayers McDermott Will & Emery
Aug
27
2015
Copyright Preemption Notwithstanding No Copyright Protection and No Copyright Claims McDermott Will & Emery
Jun
29
2016
No Waiver of Forum Selection Clause Despite Filing Declaratory Judgment Action in Non-Selected Forum McDermott Will & Emery
Sep
19
2016
Fifth Circuit Holds FCA Amendment Does Not Expand Retaliation Liability beyond Employers McDermott Will & Emery
Mar
15
2017
Medicare Part B Provider Secures Dismissal of FCA Claims Under First-to-File Bar McDermott Will & Emery
Sep
7
2023
Whisk-y Business: Notice Alone Is Sufficient for Preliminary Injunction McDermott Will & Emery
Oct
12
2023
Missed Shot: Lawsuit Against Related Company Doesn’t Toll Prescriptive Period McDermott Will & Emery
Nov
30
2023
Taxpayer Loses Claim for Research Credit McDermott Will & Emery
May
31
2013
Arbitration Clause Can Result in Amending an Agreement to Realize Its “Essence”: Timegate Studios, Inc. v. Southpeak Interactive, LLC et al. McDermott Will & Emery
Oct
4
2013
When Is Anything Really Final? Re: Copyright Infringement McDermott Will & Emery
May
30
2014
Eastern District of Texas Can’t Keep Every Case Filed There McDermott Will & Emery
Sep
1
2015
Recent Fifth Circuit Decision Spotlights Perils of Complex Procedural Issues McDermott Will & Emery
Jan
9
2017
Northern District of Texas Blocks Enforcement of the Non-Discrimination Regulations of the ACA McDermott Will & Emery
Jun
12
2017
District Court Dismisses Shareholder Claim that Equity Award Share Withholding Triggers Section 16(b) Liability McDermott Will & Emery
Aug
1
2018
Fifth Circuit Dismisses Anti-Inversion Regulation Case McDermott Will & Emery
Mar
29
2019
Circuits Play Jurisdictional Hot Potato with Walker Process Claim McDermott Will & Emery
Jul
12
2019
McDermottPlus Check-Up: July 12, 2019 McDermott Will & Emery
Dec
27
2019
Lotso More Than Non-Exclusive Licensor-Licensee Relationship Needed for Personal Jurisdiction McDermott Will & Emery
Apr
22
2021
You Want Some “Metchup” with That? McDermott Will & Emery
Mar
3
2022
Supplier Can’t Complain when SEP Holder Refuses to License McDermott Will & Emery
Sep
8
2022
Bayou Jambalaya: Sanction Motions, Motions to Vacate and Trade Dress Injunctions McDermott Will & Emery
Nov
17
2022
Message to Judge Albright: Venue Motions Are First Order of Business McDermott Will & Emery
 

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