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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Dec
8
2016
Fifth Circuit Expedites DOL’s Appeal Involving Overtime Rule K&L Gates
Dec
8
2016
Fifth Circuit Fast-Tracks Appeal of Overtime Rule Injunction Proskauer Rose LLP
Aug
9
2019
Fifth Circuit Finds EEOC Did Not Have Authority to Issue 2012 Criminal History Guidance Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
31
2018
Fifth Circuit Finds Employer’s Peer Review Process Does Not Constitute an Adverse Employment Action Jackson Lewis P.C.
Jul
7
2014
Fifth Circuit Finds Franchisor Was Not Employer Under Economic Realities Test Jackson Lewis P.C.
Aug
12
2020
Fifth Circuit Finds National Marine Fisheries Service Has No Authority to Regulate Aquaculture Beveridge & Diamond PC
Nov
20
2014
Fifth Circuit Finds Sarbanes-Oxley Violation in Disclosure of Whistleblower’s Identity Morgan, Lewis & Bockius LLP
Jun
22
2022
Fifth Circuit Finds Specific Allegation of One-Time Use of Racial Slur Sufficient to Preclude Dismissal Under Rule 12(b)(6) Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
1
2024
Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Needing FMLA Leave Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
4
2016
Fifth Circuit Finds that Maritime Law Does Not Apply to Property Damage and Economic Loss Claims Following Rupture of Riser Chain Connected to a Floating Production and Storage Facility Bracewell LLP
Dec
24
2018
Fifth Circuit Finds Waiver of Arbitration Where Motion to Dismiss Argued Merits, Omitted Mention of Arbitration, and Created Prejudice Carlton Fields
May
5
2013
Fifth Circuit Flushes Away Pro Se Plaintiff’s Claims Against Oil Giants for Intellectual Property Theft and Infringement of a “Giant Plunger” McDermott Will & Emery
Oct
1
2018
Fifth Circuit Gets it Right, Affirms Summary Judgment Womble Bond Dickinson (US) LLP
Dec
8
2016
Fifth Circuit Grants DOL’S Request For Expedited Briefing of Preliminary Injunction Ruling; Case to Be Fully Briefed by January 31, 2017 Jackson Lewis P.C.
Jan
28
2017
Fifth Circuit Grants Government Request for Additional Time to State Position on Overtime Rule Jackson Lewis P.C.
Apr
16
2018
Fifth Circuit Grants Health Care Providers Medicare Appeals Backlog Remedy Polsinelli PC
Feb
22
2017
Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule Jackson Lewis P.C.
Dec
16
2021
Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19 Vaccine Rule Jackson Lewis P.C.
Nov
7
2021
Fifth Circuit Halts Enforcement of the OSHA ETS…For Now Polsinelli PC
Mar
18
2019
Fifth Circuit hears oral argument in All American Check Cashing Ballard Spahr LLP
Nov
8
2021
Fifth Circuit Hits Pause on OSHA COVID-19 Vaccine or Testing Emergency Standard Jackson Lewis P.C.
Jul
21
2023
Fifth Circuit Holds Christian-Owned Business Has Religious Exemption From LGBTQ+ Discrimination Claims Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
28
2022
Fifth Circuit Holds COVID Is Not a “Natural Disaster” Under the WARN Act Epstein Becker & Green, P.C.
Jul
24
2014
Fifth Circuit Holds Deferred Compensation Plan Is Governed by ERISA Morgan, Lewis & Bockius LLP
Mar
25
2019
Fifth Circuit Holds Directional Drillers Are Independent Contractors Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
21
2020
Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act Proskauer Rose LLP
Sep
19
2016
Fifth Circuit Holds FCA Amendment Does Not Expand Retaliation Liability beyond Employers McDermott Will & Emery
Sep
10
2021
Fifth Circuit Holds Highly Compensated Oilfield Workers Paid a Day Rate are Entitled to Overtime Bracewell LLP
Oct
10
2014
Fifth Circuit Holds Multiple Disclosures Establish Loss Causation in Securities Action Katten
Apr
3
2014
Fifth Circuit Holds Non-Union Employer Confidentiality Policy Violates the National Labor Relations Act (NLRA) ArentFox Schiff LLP
Jul
9
2019
Fifth Circuit Holds Parties Did Not Enter Into Arbitration Agreement Under the FAA Carlton Fields
Aug
6
2019
Fifth Circuit Holds Propriety of Class Arbitration Is “Gateway” Issue for Courts Carlton Fields
Jul
12
2017
Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under ADA Mintz
May
23
2022
Fifth Circuit Holds SEC’s In-House Courts and Judges Unconstitutional Proskauer Rose LLP
Jun
30
2013
Fifth Circuit Holds that Dallas Taxicab Rule is Not Preempted by the Clean Air Act Beveridge & Diamond PC
May
13
2020
Fifth Circuit Holds that Law Firm Cannot Claim Privilege Over Client Identity in IRS Probe Sheppard, Mullin, Richter & Hampton LLP
Oct
27
2020
Fifth Circuit Holds that Private FLSA Settlement With Union Bars Future FLSA Claims Hunton Andrews Kurth
Jan
16
2015
Fifth Circuit Holds That Product Development Protocol Has Same Preemptive Effect As Premarket Approval Covington & Burling LLP
May
23
2022
Fifth Circuit Holds That SEC Administrative Law Courts Are Unconstitutional Barnes & Thornburg LLP
Jun
22
2013
Fifth Circuit Holds That Securities Fraud Defendants May Not Rebut the Fraud-on-the-Market Presumption at the Class Certification Stage Through Evidence of No Price Impact Sheppard, Mullin, Richter & Hampton LLP
Nov
15
2013
Fifth Circuit Holds That Stern Eliminates Bankruptcy Court's Power to Decide Non-Core Actions by Consent Greenberg Traurig, LLP
Jun
25
2015
Fifth Circuit Holds that “Value” under the Uniform Fraudulent Transfer Statute Requires a Showing of Value to the Transferor’s Creditors Where the Transferor Operated a Ponzi Scheme Holland & Hart LLP
May
5
2016
Fifth Circuit Holds Third Party Witness’ Retaliation Claim Requires “Reasonable Belief” That Title VII Violation Has Occurred Mintz
Oct
10
2016
Fifth Circuit Instructs that, When Raised, Arbitrability is a Gateway Issue that Must Be Considered Prior to Conditional Certification in FLSA Collective Actions Proskauer Rose LLP
Feb
15
2024
Fifth Circuit is Set to Weigh in on NLRB’s Enhanced Financial Remedies Hunton Andrews Kurth
Dec
20
2019
Fifth Circuit Issues ACA Ruling, But Severability Question Remains McDermott Will & Emery
Dec
4
2013
Fifth Circuit Issues Landmark DR Horton Decision Barnes & Thornburg LLP
Feb
15
2021
Fifth Circuit Issues Timely Reminder Regarding the Importance of Employers Maintaining Accurate Wage Records (US) Squire Patton Boggs (US) LLP
Aug
28
2013
Fifth Circuit Joins Chorus to Rein in False Claims Act Mintz
Dec
28
2016
Fifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 

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