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
24
2020
Court Scorches Employer, Upholds Class Arbitration Decision Barnes & Thornburg LLP
Apr
23
2020
Shutting the Gate: Temporary Worker Excluded From FLSA Collective Action Barnes & Thornburg LLP
Apr
22
2020
[FCRA] Creditors Walk a Fine Line When Communicating With a Debtor During and After Bankruptcy Squire Patton Boggs (US) LLP
Apr
22
2020
Fifth Circuit: Arbitrator Properly Interpreted Arbitration Agreement to Allow for Collective Claims Jackson Lewis P.C.
Apr
15
2020
COVID-19 Update: COVID-19 and the Courts: Part II How Appellate Court Procedures Are Changing and What May Be Here to Stay Cadwalader, Wickersham & Taft LLP
Apr
14
2020
U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date Proskauer Rose LLP
Apr
14
2020
PTAB’s Precedential Opinion Panel Rejects Review of Decision Denying Institution Due to Proximity of District Court Trial, and Remands Back to Panel for Supplemental Briefing Mintz
Apr
7
2020
Federal Court Magistrate Recommends Dismissing Borrower’s Breach Of Fiduciary Duty Claim Against A Mortgage Servicer As There Was No Fiduciary Relationship Winstead
Apr
6
2020
No Professional Liability Coverage for Bank After DOJ Settlement of Mortgage Certification Violations Squire Patton Boggs (US) LLP
Apr
4
2020
Defining Business in Louisiana Non-Competition Agreements is Essential, Appeals Court Holds Jones Walker LLP
Mar
26
2020
Certain Underwriters at Lloyd’s v. Axon Pressure Products: The Fifth Circuit Grapples with Indemnities in Offshore Maritime Contracts Jones Walker LLP
Mar
26
2020
En Banc Fifth Circuit: Shipyard Entitled to Remove Asbestos Case Under Federal Officer Removal Statute Jones Walker LLP
Mar
25
2020
Federal Courts that Hear Intellectual Property Cases Requiring Litigation at a Distance Squire Patton Boggs (US) LLP
Mar
18
2020
Jury Verdict in Qui Tam False Claims Act Medicare Fraud Case Finds Nearly $11 Million in Damages Kohn, Kohn & Colapinto
Mar
13
2020
DÉJÀ VU – SCOTUS to Review Validity of Affordable Care Act McDermott Will & Emery
Mar
5
2020
Fifth Circuit: Obese Employee Not Disabled Under the ADA (US) Squire Patton Boggs (US) LLP
Feb
27
2020
It Is Tough to Avoid the Duty to Defend Squire Patton Boggs (US) LLP
Feb
27
2020
To the Victor Go the Spoliation Sanctions: Eastern District of Louisiana Exercises Inherent Power to Issue Sanctions for Spoliation Proskauer Rose LLP
Feb
21
2020
Here it Is!: Your Very Own UPDATED TCPA ATDS Scorecard Squire Patton Boggs (US) LLP
Feb
21
2020
Indian Nations Law Update - February 2020 Godfrey & Kahn S.C.
Feb
17
2020
Fifth Circuit Class Action Litigation | Winter 2019/2020 Greenberg Traurig, LLP
Feb
11
2020
Violate the TCPA and End Up in Handcuffs?: Telemarketer to be Arrested for Failing to Stop Unlawful Calls Squire Patton Boggs (US) LLP
Feb
7
2020
Fifth Circuit Upholds Proposed Reasonable Accommodation Offered in Response to Mandatory Vaccination Policy Epstein Becker & Green, P.C.
Feb
3
2020
Fifth Circuit Affirms “My Disability Made Me Do It” is No Excuse for Sleeping on the Job Jackson Lewis P.C.
Jan
29
2020
No Statutory Damages Even When Post-Registration Acts Violate a Different Exclusive Right from Pre-Registration Acts McDermott Will & Emery
Jan
29
2020
Failure to Mitigate Not a Complete Defense to Statutory Damages Under Copyright or DMCA McDermott Will & Emery
Jan
27
2020
Establishing Subject Matter Jurisdiction Over Post-Award Motions in Federal Court: Split Deepens as Fifth Circuit Joins Three Others in Adopting “Look-Through” Analysis Mintz
Jan
23
2020
Feds Criminally Charge Corporate Executives and Management for Knowingly Employing Undocumented Immigrants Norris McLaughlin P.A.
Jan
21
2020
Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act Proskauer Rose LLP
Jan
21
2020
The (Rock) Finer Points of the Absolute Pollution Exclusion Squire Patton Boggs (US) LLP
Jan
16
2020
28 Days Later: Corporate Officer Faces Personal Liability for TCPA Suit For Failing to Stop Calls Less than a Month After Earlier Suit Squire Patton Boggs (US) LLP
Jan
15
2020
The Price of Trust?: Plaintiff’s Lawyer Personally Sues Big Lead Generator in TCPA Class Action—Contends Leads Were Systemically Cooked Up Squire Patton Boggs (US) LLP
Jan
14
2020
Spoiler Alert! It’s Going to Be a Roaring 2020 With Many Impactful Laws On The Horizon (US) Squire Patton Boggs (US) LLP
Jan
6
2020
Court Vacates $2 Million OFAC Penalty Imposed on Exxon Mobil in Ukraine Sanctions Case Wiggin and Dana LLP
Jan
6
2020
Year in Review: The Most Popular IP Posts of 2019 Mintz
Jan
2
2020
Company Challenges USCIS Authority to Approve H-1B Visas for Less Than Period Requested Jackson Lewis P.C.
Dec
27
2019
Lotso More Than Non-Exclusive Licensor-Licensee Relationship Needed for Personal Jurisdiction McDermott Will & Emery
Dec
23
2019
Update to Texas v. United States: Fifth Circuit Strikes Individual Mandate, Remands on Severability Sheppard, Mullin, Richter & Hampton LLP
Dec
23
2019
The Saga Continues – Fifth Circuit Affirms ACA Individual Mandate’s Unconstitutionality; Remands for Further Consideration Proskauer Rose LLP
Dec
20
2019
Fifth Circuit Issues ACA Ruling, But Severability Question Remains McDermott Will & Emery
Dec
18
2019
JUST IN: Fifth Circuit Court of Appeals Reaches Decision on Latest Case Involving Constitutionality of ACA Sheppard, Mullin, Richter & Hampton LLP
Dec
18
2019
District Court denies motion to dismiss despite Federal Circuit’s finding of patent invalidity in appeal of parallel ITC investigation Mintz
Dec
16
2019
Courts See Through Scam Setup TCPA Suits Mintz
Dec
16
2019
Remand Directing Change in Standard of Judicial Review Is Not Sufficient Success on the Merits to Support Attorneys’ Fee Award Robinson & Cole LLP
Dec
4
2019
Arbitrator To Decide Whether ERISA Fiduciary Claims Should Be Arbitrated Proskauer Rose LLP
Dec
4
2019
Fifth Circuit: Procedural Win Is Not Grounds for Attorney’s Fees Proskauer Rose LLP
Nov
21
2019
Indian Nations Law Update - November 2019 Godfrey & Kahn S.C.
Nov
21
2019
Texas Supreme Court Set to Decide Whether Arbitrator or Court Must Decide Whether Arbitration Can be Conducted on a Class Basis Greenberg Traurig, LLP
Nov
20
2019
Fifth Circuit Expands Doiron Test to Determine Whether a Contract Is Maritime Bracewell LLP
Nov
20
2019
Counterproductive and Cost-Increasing Litigation Tactics Are Objectively Unreasonable in Section 285 Attorney Fee Award Analysis Mintz
 

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