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
21
2020
Fifth Circuit Reels in NMFS' Aquaculture Permitting Program in Gulf of Mexico K&L Gates
Nov
20
2014
Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute Proskauer Rose LLP
Aug
8
2017
Fifth Circuit Reins In NLRB After It Declares Basic Workplace Civility Policies Illegal Squire Patton Boggs (US) LLP
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
15
2021
Fifth Circuit Rejects Longstanding ‘Lenient’ Standard for Deciding Whether to Authorize Notice of a FLSA Collective Action Greenberg Traurig, LLP
Dec
5
2013
Fifth Circuit Rejects NLRB’s (National Labor Relations Board) Ban on Class Action Waivers Morgan, Lewis & Bockius LLP
Aug
16
2011
Fifth Circuit Rejects Per Se Rule That Recharacterization Applies Only To Insiders Sheppard, Mullin, Richter & Hampton LLP
Apr
18
2024
Fifth Circuit Rejects Recruiter’s Trade Secret Misappropriation and Contract Defenses McDermott Will & Emery
Nov
19
2010
Fifth Circuit Rejects Section 10(B) Scheme Liability in Absence of Explicit Attribution of Conduct or Statements to Defendant Sheppard, Mullin, Richter & Hampton LLP
May
23
2016
Fifth Circuit Rejects Substantial Authority Defense to Penalties McDermott Will & Emery
Jan
13
2021
Fifth Circuit Rejects Two-Step Approach for Certifying FLSA Collective Actions Jackson Lewis P.C.
Feb
2
2021
Fifth Circuit Rejects Two-Step FLSA Certification Process Hunton Andrews Kurth
Jan
13
2021
Fifth Circuit Rejects Two-Step FLSA Collective Action Certification Process Polsinelli PC
Jun
15
2022
Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
6
2015
Fifth Circuit Relieves Company of “Arranger” Liability under CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Morgan, Lewis & Bockius LLP
Apr
29
2024
Fifth Circuit Reminds Creditors They Must Actively Protect Their Interests in Bankruptcy Bradley Arant Boult Cummings LLP
Dec
18
2020
Fifth Circuit Reminds Employers of the Importance of Contemporaneous Documentation and Flexible Progressive Discipline Policies Winstead
Oct
7
2014
Fifth Circuit Requests Input from the Supreme Court of Texas Regarding Interpretation of Commercial General Liability (“CGL”) Policy Exclusion Language Proskauer Rose LLP
Sep
3
2013
Fifth Circuit Reverses $25 Million Damages Award Against Pilgrim’s Pride McDermott Will & Emery
Apr
27
2020
Fifth Circuit Reverses Course, Concludes That “Day Rate” Pay Method Fails to Satisfy FLSA’s “Salary Basis” Test for Overtime Exemptions Jackson Lewis P.C.
May
3
2023
Fifth Circuit Reverses Denial of Preliminary Injunction to Invalidate DOL Tipped Dual Jobs Rule Jackson Lewis P.C.
May
8
2024
Fifth Circuit Reverses Dismissal of 401(k) Fees Claims Proskauer Rose LLP
Dec
6
2013
Fifth Circuit Reverses NLRB (National Labor Relations Board) Ruling in D.R. Horton Jackson Lewis P.C.
Oct
27
2015
Fifth Circuit Reverses NLRB, For The Second Time, Rejecting Unfair Labor Practice Finding on Class and Collective Action Waivers in Arbitration Agreements Squire Patton Boggs (US) LLP
Jul
15
2019
Fifth Circuit Reverses Ruling That Procedural Unconscionability Is Decided by Arbitrator Carlton Fields
May
2
2017
Fifth Circuit Revisits McBride Maritime Decision: Pre-Death Pain and Suffering, and Lost Support Jones Walker LLP
Jan
20
2023
Fifth Circuit Revives Securities Class Action Against Six Flags Proskauer Rose LLP
Aug
12
2015
Fifth Circuit Revives SOX Whistleblower Claim But Rejects Allegations Not Exhausted Before OSHA Proskauer Rose LLP
Apr
22
2022
Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary Judgment Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
23
2021
Fifth Circuit Rules Day Rate Compensation Does Not Satisfy Requirement of Payment on a Salaried Basis for Exempt Status Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
27
2019
Fifth Circuit Rules District Court Erred in Ordering Notice of Collective Action to Employees who Signed Arbitration Agreements Jackson Lewis P.C.
Sep
28
2015
Fifth Circuit Rules Employer-Mandated Transit Time May Make Lunch Break Compensable Bracewell LLP
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.
Jan
12
2023
Fifth Circuit Rules Just Energy Bankruptcy Court Erred in Exercising Jurisdiction to Redetermine ERCOT Pricing During Winter Storm Uri Bracewell LLP
Dec
6
2018
Fifth Circuit Rules Louisiana Trade Secret Claim Does Not Preempt Claim For Conversion Of Confidential Info Bracewell LLP
 

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