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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Jun
1
2017
Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged Proskauer Rose LLP
Mar
1
2024
Fifth Circuit Continues Bankruptcy Sale Protections After Supreme Court MOAC Opinion Miller Canfield
Jul
7
2015
Fifth Circuit Continues to Permit Wage Claim Waivers in Private Settlements, But Only Where a Bona Fide Dispute Exists Mintz
Nov
30
2016
Fifth Circuit Court Denies Preliminary Injunction Request in Legal Challenge to OSHA’s Electronic Recordkeeping Rule Jackson Lewis P.C.
Oct
26
2016
Fifth Circuit Court Enjoins Fair Pay and Safe Workplaces Regulations Covington & Burling LLP
Sep
1
2017
Fifth Circuit Court in Texas Strikes Down 2016 Overtime Exemption Regulations Epstein Becker & Green, P.C.
Sep
1
2017
Fifth Circuit Court Invalidates DOL Overtime Rule, Holds Increased Salary Test is Contrary to Congressional Intent and Exceeds DOL Authority Greenberg Traurig, LLP
Aug
31
2017
Fifth Circuit Court Invalidates Overtime Rule That Increased Exempt Salary Levels Holland & Hart LLP
Aug
23
2023
Fifth Circuit Court Keeps Abortion Medication Legal, But with Restrictions Dinsmore & Shohl LLP
Aug
28
2023
Fifth Circuit Court of Appeals Adopts Updated Standard for Pleading Title VII Claims Mintz
Nov
10
2015
Fifth Circuit Court of Appeals Blocks Administration’s Executive Action on Immigration Greenberg Traurig, LLP
Aug
8
2019
Fifth Circuit Court of Appeals Enjoins EEOC Guidance on use of Criminal History in Employment Decisions Dinsmore & Shohl LLP
Feb
12
2024
Fifth Circuit Court of Appeals Hears Oral Arguments in Industry Groups' Ongoing Petition to Vacate Private Fund Adviser Rules K&L Gates
Oct
20
2022
Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question Bradley Arant Boult Cummings LLP
Apr
11
2018
Fifth Circuit Court of Appeals Invalidates the 2016 Final Department of Labor Fiduciary Rule and Related Prohibited Transaction Exemptions Mintz
Oct
19
2023
Fifth Circuit Court of Appeals Rejects Challenge to Nasdaq’s Board-Diversity Rules Proskauer Rose LLP
Jul
5
2017
Fifth Circuit Court of Appeals Sustains Use of Sampling and Extrapolation in Medicare ‘Lack of Medical Necessity’ Audit Finding Cadwalader, Wickersham & Taft LLP
Jan
16
2021
Fifth Circuit Court of Appeals Vacates MD Anderson HIPAA Penalty Hunton Andrews Kurth
Oct
12
2016
Fifth Circuit Court Refuses To Compel Defendant To Produce Non-Responsive Documents That Hit On Agreed Upon Search Terms Jackson Lewis P.C.
Nov
29
2016
Fifth Circuit Court Upholds Opt-Out Procedures But Then Allows Individual Action Plaintiffs to Opt Back Into $175 Million Settlement Mintz
Sep
8
2020
Fifth Circuit Creates Circuit Split on FLSA’s “Regular Rate” Burden, Addresses Inclusion of Bonuses Jackson Lewis P.C.
Apr
27
2010
Fifth Circuit Decides Expedited Appeal - Affirms Duty to Defend Stanford Defendants Goldberg Segalla LLP
Oct
29
2015
Fifth Circuit Decides That An Above - Limits Settlement Payment By An Insured Does Not Trigger Excess Coverage Unless The Primary Carrier Actually Pays Policy Limits Squire Patton Boggs (US) LLP
May
20
2022
Fifth Circuit Decision Could Undermine Constitutionality of HHS Civil Money Penalty Laws Greenberg Traurig, LLP
Sep
15
2015
Fifth Circuit Decision in Citgo Case May Place Limits on Criminal Liability Under Migratory Bird Treaty Act Katten
Dec
28
2017
Fifth Circuit Decision in Highway Guardrails Case Provides Important Guidance on Materiality in False Claims Act Cases Mintz
Apr
17
2018
Fifth Circuit Decision is Rare Victory Permitting District Court to Enjoin Recoupment Before Provider Exhausts Administrative Remedies Mintz
May
27
2015
Fifth Circuit Decision Leaves Injunction on Obama Administration’s Deferred Action Program in Place Greenberg Traurig, LLP
Feb
9
2021
Fifth Circuit Decision Motivates Covered Entities to Appeal Unreasonable Enforcement Outcomes Faegre Drinker
Aug
1
2014
Fifth Circuit Decision Puts Excess Insurer Back in Line. But Will it Curb the "Reverse Follow Form" Phenomenon? Barnes & Thornburg LLP
Jul
26
2016
Fifth Circuit Decision Reinforces The Importance of Clearly Communicating Anti-Harassment Policies Proskauer Rose LLP
Jun
7
2022
Fifth Circuit Decision Threatens to Upend SEC’s Use of Administrative Proceedings Robinson & Cole LLP
Apr
21
2014
Fifth Circuit Denies NLRB (National Labor Relations Board) Rehearing Request on Class Action Waivers; NLRB Likely to Continue Ignoring Fifth (and Other) Circuit Court Rulings Barnes & Thornburg LLP
Feb
21
2017
Fifth Circuit Denies Punitive and Compensatory Damages for ADEA Retaliation Claims, Creates Circuit Split Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
1
2013
Fifth Circuit Denies Review of EPA Title V Permit Objections Beveridge & Diamond PC
Aug
15
2019
Fifth Circuit Determines That Louisiana Nonresident Attachment Statute Allows for Attachment in Aid of Arbitration Carlton Fields
Aug
1
2018
Fifth Circuit Dismisses Anti-Inversion Regulation Case McDermott Will & Emery
Sep
7
2017
Fifth Circuit Dismisses Appeal of Nationwide Injunction of Obama-Era Overtime Rule Proskauer Rose LLP
Mar
2
2016
Fifth Circuit Dismisses Private Manipulation Claim Because of CFTC Exemption Order Cadwalader, Wickersham & Taft LLP
Jul
15
2020
Fifth Circuit Drills Down to Details in Drilling Database Disagreement McDermott Will & Emery
Aug
20
2021
Fifth Circuit Drops THE HAMMER, Reinstates Law Firm’s Keyword Trademark Infringement Suit Alleging Initial Interest Confusion Finnegan
Mar
14
2018
Fifth Circuit Emphasizes Narrowed Liability for Employee Transfer Under the Louisiana Whistleblower Statute Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
7
2022
Fifth Circuit Endorses Broad Reading of “Removal” Under CERCLA To Bar RCRA Citizen Suit Hunton Andrews Kurth
Jan
15
2021
Fifth Circuit Ends ‘Lenient’ FLSA Collective Action Certification Standard Barnes & Thornburg LLP
Jul
20
2015
Fifth Circuit Enforces High Rule 9(b) Bar in Affirming Dismissal of Implied Certification Case McDermott Will & Emery
Jun
5
2017
Fifth Circuit Enforces Reimbursement Provision in One-Page Welfare Plan Proskauer Rose LLP
Jan
17
2017
Fifth Circuit Enforces Six-Month Statute of Limitations in OSHA Violations Case Faegre Drinker
Nov
11
2021
Fifth Circuit ERISA Decision Denies Widow Paid-For Life Insurance Benefits Jackson Lewis P.C.
Nov
20
2019
Fifth Circuit Expands Doiron Test to Determine Whether a Contract Is Maritime Bracewell LLP
Aug
24
2023
Fifth Circuit Expands Title VII Exposure for Employers Bracewell LLP
 

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