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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Apr
5
2021
Creasy Alive and Well in Texas!: Court Finds TCPA “Unconstitutional from the moment Congress enacted the government debt exception until the Supreme Court handed down its decision in AAPC” Squire Patton Boggs (US) LLP
Apr
4
2021
Be Careful What You Offer in Your Next Offer of Judgment! Pierce Atwood LLP
Apr
1
2021
The Fifth Circuit Criticizes the Practice of Sealing Documents by Agreement Hunton Andrews Kurth
Apr
1
2021
Fifth Circuit Rules that Project Completion Bonus is Not an ERISA Severance Plan Proskauer Rose LLP
Mar
30
2021
Repeat TCPA Litigant Loses Because Court Lacks Jurisdiction in the Lone Star State Squire Patton Boggs (US) LLP
Mar
26
2021
Texas Fifth District Court of Appeals: Texas Law Prohibits Sexual Orientation Discrimination Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
25
2021
When is a Severance Plan NOT an ERISA Plan Robinson & Cole LLP
Mar
23
2021
Workin’ 9 to 5: Fifth Circuit Holds that FLSA Applies to Crewmembers of Liftboats Jones Walker LLP
Mar
23
2021
Fifth Circuit Applies Contributory Negligence to Seaman Injured While Following General Order Jones Walker LLP
Mar
16
2021
OVERTLY POLITICAL: Law Firm Appears to Have Declared TCPA War on the GOP Squire Patton Boggs (US) LLP
Mar
13
2021
Incomplete Payroll Records Lead to Employer FLSA Liability, Fifth Circuit Rules Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
12
2021
Full Fifth Circuit to Hear FLSA “Day Rate” Case, Vacating Panel Opinion Jackson Lewis P.C.
Mar
11
2021
Regular Attendance is Essential Even if Employer was Lenient in the Past, Fifth Circuit Holds Jackson Lewis P.C.
Mar
11
2021
Real Quick: ANOTHER (4th!) TCPA Suit Was Just Filed Against Republicans and I’m Starting to Wonder What’s Up Troutman Amin, LLP
Mar
8
2021
Sued Again: National Republican Senatorial Committee Hit with Another TCPA Suit For Unwanted Robotexts Squire Patton Boggs (US) LLP
Mar
5
2021
COVID-19 Update: Federal Eviction Moratorium Struck Down Cadwalader, Wickersham & Taft LLP
Mar
5
2021
HIPAA Fine Exposure May Be Reduced by 5th Circuit Decision Greenberg Traurig, LLP
Mar
4
2021
G.I. Bro Is a Go: Copyright Dispute over Call of Duty Poster Survives Summary Judgment Finnegan
Mar
4
2021
Case Notes: Brazos Electric's Bankruptcy Filing K&L Gates
Mar
3
2021
Setting Boundaries for the Field of Discretion: Fifth Circuit Clarifies that Daubert Standard Applies to Expert Opinions at Class Certification Bradley Arant Boult Cummings LLP
Feb
28
2021
Court Holds That A Defendant Did Not Owe A Fiduciary Duty To An Affiliate’s Licensee Because Its In-House Attorneys Did Not Have An Attorney/Client Relationship To The Plaintiff And There Was No Informal Confidential Relationship Winstead
Feb
23
2021
A Game of Survivor: Private Credit Restructuring Year in Review Proskauer Rose LLP
Feb
15
2021
Fifth Circuit Issues Timely Reminder Regarding the Importance of Employers Maintaining Accurate Wage Records (US) Squire Patton Boggs (US) LLP
Feb
12
2021
Double Whammy: Fifth Circuit Affirms Dismissal of Suit Against Generic and Brand-Name Drug Manufacturers Faegre Drinker
Feb
12
2021
“Rachel From Card services” gets Sued!: Famous TCPA Litigator Cunningham Claims to Have Found the Individuals Behind “Rachel” and Things Are About to Get Nutty Squire Patton Boggs (US) LLP
Feb
10
2021
Fifth Circuit Affords Sieracki Seaman Status to Compulsory Pilot Jones Walker LLP
Feb
9
2021
Fifth Circuit Decision Motivates Covered Entities to Appeal Unreasonable Enforcement Outcomes Faegre Drinker
Feb
8
2021
What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year? Sheppard, Mullin, Richter & Hampton LLP
Feb
4
2021
Fifth Circuit Affirms Dismissal of SOX Whistleblower Claim for Lack of Employer-Employee Relationship Proskauer Rose LLP
Feb
2
2021
Fifth Circuit Rejects Two-Step FLSA Certification Process Hunton Andrews Kurth
Feb
1
2021
Fifth Circuit Shuts Down FLSA Conditional Certification Sheppard, Mullin, Richter & Hampton LLP
Feb
1
2021
Year in Review: Top 10 Class Action Stories and Trends Jackson Lewis P.C.
Jan
29
2021
Indian Nations Law Update - January 2021 Godfrey & Kahn S.C.
Jan
29
2021
Appeals Court Vacates HIPAA Penalty Imposed Against M.D. Anderson Foley & Lardner LLP
Jan
28
2021
Fifth Circuit Limits Chapter 13 Cramdown Rights Jones Walker LLP
Jan
27
2021
Fifth Circuit Loss for Employee Who Refused Vaccine for Religious Reasons Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
25
2021
Fifth Circuit Vacates $4.3M HIPAA Penalty and Potentially Opens the Door for Future HIPAA Enforcement Challenges Mintz
Jan
25
2021
TCPA Litigation Update — The Newest TCPA Circuit Split – And It Started With Creasy Mintz
Jan
21
2021
Southwest Airlines Sues to Stop Web Scraping of Fare Information Proskauer Rose LLP
Jan
21
2021
Fifth Circuit Overturns “Arbitrary and Capricious” $4.3 Million HIPAA Penalty Against Hospital Robinson & Cole LLP
Jan
21
2021
The Harsh Reality of the “Trial Penalty” in Federal Prosecutions Epstein Becker & Green, P.C.
Jan
21
2021
NRA Fires Off Bankruptcy Petition, Raising Questions about Good Faith and Venue Binder & Schwartz
Jan
20
2021
Eastern District of California Adds to Creasy Split Faegre Drinker
Jan
19
2021
Optimism in East Texas McDermott Will & Emery
Jan
16
2021
Fifth Circuit Court of Appeals Vacates MD Anderson HIPAA Penalty Hunton Andrews Kurth
Jan
15
2021
Fifth Circuit Ends ‘Lenient’ FLSA Collective Action Certification Standard Barnes & Thornburg LLP
Jan
15
2021
Fifth Circuit Rejects Longstanding ‘Lenient’ Standard for Deciding Whether to Authorize Notice of a FLSA Collective Action Greenberg Traurig, LLP
Jan
15
2021
New Federal Exceptions Favor Value-Based Care Dinsmore & Shohl LLP
Jan
14
2021
Western District of Louisiana Says Plaintiff’s Marine Engineering Expert’s Opinions Don’t Hold Water Faegre Drinker
Jan
14
2021
Fifth Circuit Sets New Standard for Certifying FLSA Collective Actions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 

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