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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Oct
2
2020
COVID-19 Related Workplace Deaths: Preparedness and Implementation is Key Barnes & Thornburg LLP
Sep
24
2020
Texas District Courts Remain Divided on Standing for Single-Text TCPA Plaintiffs Faegre Drinker
Sep
24
2020
Talking Through the DOL’s Proposed Prohibited Transaction Exemption, Episode 4: Litigation Risks Faegre Drinker
Sep
23
2020
The US First, Fifth, and Sixth Circuits Render Recent Decisions That Analyze the Enforceability of Restrictive Covenants in Employment Agreements, Teaching Employers Some Valuable Lessons Jones Walker LLP
Sep
22
2020
Clash of Game Companies: Lessons learned from GREE and Supercell Dispute Sheppard, Mullin, Richter & Hampton LLP
Sep
22
2020
Fifth Circuit Affirms Attorney’s Fee Award of $2.3 million in Misappropriation Case Against Former Employee who Failed to Comply with Court’s Objections Order Sheppard, Mullin, Richter & Hampton LLP
Sep
17
2020
Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice Mintz
Sep
16
2020
Fifth Circuit Affirms Dismissal FCRA Claims Based on Failure to Include a Single Credit Item on Credit Reports Womble Bond Dickinson (US) LLP
Sep
15
2020
At it Again: Repeat-Player Cunningham Earns Another Huge TCPA Victory- Court Finds Receipt of Missed Debt Collection Call Affords Article III Standing Troutman Amin, LLP
Sep
11
2020
Fifth Circuit Concludes Employees Must Prove That a Bonus Payment Should Be Included in FLSA Regular Rate Epstein Becker & Green, P.C.
Sep
11
2020
Sixth Circuit Calls NLRB-Ordered Public Notice Reading Into Question Barnes & Thornburg LLP
Sep
8
2020
Fifth Circuit Creates Circuit Split on FLSA’s “Regular Rate” Burden, Addresses Inclusion of Bonuses Jackson Lewis P.C.
Sep
8
2020
Fifth Circuit Confirms Burden of Proof on Regular Rate Miscalculation Claim Proskauer Rose LLP
Sep
4
2020
TCPA Quick Hitter: Court Transfer Case to District Where Calls Were Made From- Even Though Neither the Plaintiff nor the Defendant Resides There Troutman Amin, LLP
Sep
3
2020
Arbitrability of TCPA Claim is up to Arbitrator Squire Patton Boggs (US) LLP
Aug
31
2020
Arbitrability, Delegation, Carve-outs and Estoppel: SCOTUS Says “Welcome Back, Henry Schein” Mintz
Aug
31
2020
Can a Trustee Prosecute Fraudulent Transfer and Tortious Interference Claims if No Event of Default Has Occurred? Faegre Drinker
Aug
27
2020
Texas Federal Court’s Denial of Barber Shops’ COVID-19 Claims Lacks Body and Style Hunton Andrews Kurth
Aug
26
2020
Attorney’s Fees Properly Awarded in Unsuccessful Trade Secret Misappropriation and Civil Theft Suit McDermott Will & Emery
Aug
26
2020
Lower Courts Grappling with Deference Principles Following Kisor Hunton Andrews Kurth
Aug
25
2020
Notes From The Fifth Circuit: Is Light Shining More Favorably On Big Antitrust Judgments? Barnes & Thornburg LLP
Aug
25
2020
Fifth Circuit Affirms Dismissal Section 14(a) Complaint For Failure to Plead Facts Demonstrating Alleged Omissions from Proxy Statement Were Misleading Sheppard, Mullin, Richter & Hampton LLP
Aug
21
2020
Fifth Circuit Reels in NMFS' Aquaculture Permitting Program in Gulf of Mexico K&L Gates
Aug
20
2020
Amrock Lawsuit Spotlights Consequences of Litigious Gamesmanship The National Law Review's Guest Contributors
Aug
12
2020
Fifth Circuit Finds National Marine Fisheries Service Has No Authority to Regulate Aquaculture Beveridge & Diamond PC
Aug
11
2020
Circuits Battle Over EPA’s Review Role under Title V of CAA Bracewell LLP
Aug
11
2020
Relief from Motion for Default Amidst COVID-19 Calamity Squire Patton Boggs (US) LLP
Aug
10
2020
Class Action Litigation Newsletter Summer 2020: Fourth, Fifth and Sixth Circuit Greenberg Traurig, LLP
Aug
6
2020
The National Marine Fisheries Service is Angling to Regulate Aquaculture; the Fifth Circuit Won’t Bite Greenberg Traurig, LLP
Aug
5
2020
What is “Sex-Plus” Discrimination and Why are These Employment Claims on the Rise? Zuckerman Law
Jul
30
2020
U.S. Court Assistance with Foreign Arbitration Discovery: Should it, Will It, Be Allowed? Wilson Elser Moskowitz Edelman & Dicker LLP
Jul
30
2020
Fifth Circuit: Vessel Owner’s Limitation of Liability Action Dismissed for Failure to Provide Proper Notice Jones Walker LLP
Jul
30
2020
Fifth Circuit Clarifies the Scope of "Necessaries" Under Federal Maritime Lien Statute Jones Walker LLP
Jul
24
2020
Context of Calls Without Content Did Not Establish Telemarketing Purpose Squire Patton Boggs (US) LLP
Jul
23
2020
Healthcare Enforcement Mid-Year Roundup: 2020 McDermott Will & Emery
Jul
15
2020
Fifth Circuit Drills Down to Details in Drilling Database Disagreement McDermott Will & Emery
Jul
15
2020
What is an ATDS Anyway? Here is Your DEFINITIVE Guide to the Massive Circuit Split Surrounding the TCPA’s ATDS Definition Troutman Amin, LLP
Jul
14
2020
United States v. Gratkowski Beware of Inanimate Objects That Violate Your Privacy Polsinelli PC
Jul
9
2020
Bitcoin Data Akin to Bank Records Under Fourth Amendment Polsinelli PC
Jul
9
2020
Fifth Circuit: Plaintiff Not Entitled to Attorneys’ Fees For Obtaining Remand on Appeal Proskauer Rose LLP
Jul
6
2020
Judge Albright to Apple: Yes, You Can Be Sued Outside Northern California Mintz
Jul
1
2020
Improper Use of Voluntarily Communicated Trade Secrets Sufficient to Maintain Action for Misappropriation in Texas McDermott Will & Emery
Jul
1
2020
Wealth Management Update: July 2020 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intrafamily Loans and Split-Interest Charitable Trusts Proskauer Rose LLP
Jun
29
2020
Fifth Circuit Upholds Dismissal of Diversification and Prudence Claims Targeting A Single Stock Fund in a 401(k) Plan Proskauer Rose LLP
Jun
25
2020
FCRA Quick Hitter: Pulling Credit Score of Consumer in BK Not a Violation of Automatic Stay (Probably) Troutman Amin, LLP
Jun
24
2020
Texas District Court Dismisses SOX Whistleblower Claim for Lack of Employer-Employee Relationship Proskauer Rose LLP
Jun
23
2020
“Please” Is Not a Material Condition of an Insurance Policy’s Notice of Claim Provision Squire Patton Boggs (US) LLP
Jun
5
2020
Federal Courts Side With Strip Clubs in Opposing the SBA's Ineligibility Rules for the Paycheck Protection Program, Possibly Signaling a Broader Trend Katten
Jun
2
2020
Federal Appellate Courts Provide Long-Overdue Guidance on Removal to Federal Court by Home-State Defendants Godfrey & Kahn S.C.
May
29
2020
Class Action Litigation Newsletter Spring 2020 - Fourth Circuit, Fifth Circuit, Sixth Circuit Greenberg Traurig, LLP
 

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