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
15
2018
Is a “necessary distributor” enough to qualify as a regular and established place of business for purposes of satisfying proper venue? Mintz
Oct
1
2019
The Fifth Circuit Adopts An Expansive Reading Of Section 510(B); Subordinates Claim With ‘Equity Characteristics’ Mintz
Oct
19
2022
Eastern District of Texas Holds Willful Infringement Knowledge Requirement May Be Satisfied by Informing Non-Party of Infringement Claims Before Adding That Party as a Defendant Mintz
Jul
5
2023
Kudos to Kentucky, not that the 6th Circuit stay of its WOTUS challenge is going to matter very much Mintz
Nov
2
2023
Energy & Sustainability IP Updates — November 2023 Mintz
Dec
20
2023
An Early Christmas Present from Three Fifth Circuit Judges Who Concluded a Louisiana Property Is Not Subject to Federal Clean Water Act Jurisdiction Mintz
Jan
29
2024
ExxonMobil Files Lawsuit to Block Shareholder Proposal Concerning Greenhouse Gas Emissions Mintz
Nov
16
2015
NLRB Won’t Take “No” For an Answer — Holds Class Action Waiver in Arbitration Agreement Unlawful Despite Two Previous Reversals at the Fifth Circuit Mintz
Aug
22
2016
Texas Medical Board’s Appeal Must Proceed Under Existing Jurisdiction Arguments Mintz
Sep
1
2017
Employers Receive Important Overtime Law News Just Before Labor Day Mintz
Dec
17
2018
What's Next After the Texas vs. Azar Ruling? Mintz
Sep
22
2021
TCPA Litigation Update — Sixth Circuit Holds TCPA Claims Arising Between November 2015 and July 2020 Are Viable Mintz
Jul
22
2022
Judge Albright Holds Willful Infringement Pleading Does Not Require Allegations of Egregious Infringing Behavior Mintz
Jul
7
2015
Fifth Circuit Continues to Permit Wage Claim Waivers in Private Settlements, But Only Where a Bona Fide Dispute Exists Mintz
Mar
17
2016
Patent Litigation: Could Eastern District of Texas’s Reign Come to End? Mintz
Apr
11
2018
Fifth Circuit Court of Appeals Invalidates the 2016 Final Department of Labor Fiduciary Rule and Related Prohibited Transaction Exemptions Mintz
Jul
15
2019
ML Strategies Health Care Preview - Week of July 15,2019 Mintz
Aug
5
2022
Section 18 "Eyeball Reliance" Claim Brought to the SPAC Fight Mintz
Jan
6
2020
Year in Review: The Most Popular IP Posts of 2019 Mintz
Jan
19
2022
Entire Market Value Rule Strikes Again in WDTX Mintz
Dec
21
2023
Court Vacates SEC’s New Share Repurchase Disclosure Rules Mintz
Mar
27
2024
Telephone and Texting Compliance News: Litigation Update — Courts Continue to Scrutinize Pleadings in TCPA Cases Mintz
Nov
20
2015
5th Circuit Upholds Deferred Action for Parents: Next Stop Supreme Court? Mintz
Nov
29
2016
Fifth Circuit Court Upholds Opt-Out Procedures But Then Allows Individual Action Plaintiffs to Opt Back Into $175 Million Settlement Mintz
Apr
17
2018
Fifth Circuit Decision is Rare Victory Permitting District Court to Enjoin Recoupment Before Provider Exhausts Administrative Remedies Mintz
Oct
4
2019
Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid of Foreign Commercial Arbitration (28 U.S.C. § 1782) Mintz
Nov
20
2019
Counterproductive and Cost-Increasing Litigation Tactics Are Objectively Unreasonable in Section 285 Attorney Fee Award Analysis Mintz
May
20
2020
Better Early Than Never: PTAB Confirms Willingness to Deny Institution In Light of Advanced State of Parallel Litigation Mintz
Jul
6
2020
Judge Albright to Apple: Yes, You Can Be Sued Outside Northern California Mintz
Mar
3
2022
No Harm, No Foul, and No Standing for Would-be SEP Implementer: 5th Circuit Changes Narrative on Patent “Hold Up” Mintz
Apr
19
2022
DOJ Loses Two Criminal Antitrust Labor Trials, Stymied by (Lack of) Evidence Mintz
Aug
20
2013
Health Care Qui Tam Update: Recent Developments and Unsealed Cases Mintz
Jul
1
2016
Texas Medical Board Seeks State Action Immunity Protection in Fifth Circuit Brief Mintz
Jan
23
2023
This is no way to run a railroad or make environmental law. EPA's most recent definition of Waters of the United States heads to court. Mintz
Feb
16
2023
Fifth Circuit Provides New Guidance on Evaluating Confidential Witnesses Mintz
Aug
28
2023
Fifth Circuit Court of Appeals Adopts Updated Standard for Pleading Title VII Claims Mintz
Jan
4
2024
We Already Knew Many Federal Judges Weren't Deferring to EPA, Now the 10th Circuit Court of Appeals Isn't Deferring to Judges Either. Mintz
Apr
1
2024
Energy & Sustainability Litigation Updates — April 2024 Mintz
Aug
28
2013
Fifth Circuit Joins Chorus to Rein in False Claims Act Mintz
Nov
15
2013
For Secured Creditors, Too Late May Be Too Little Mintz
Sep
17
2020
Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice Mintz
Jan
31
2024
It Takes Two to Tango: Gilstrap Frames Implementer Holdout as Bad Faith Justifying “Suspension” of SEP Licensing Discussions Mintz
Feb
22
2024
Mintz IRA Update — Legal Challenges to the Medicare Drug Price Negotiation Program Continue Mintz
Nov
23
2016
New Overtime Rule Derailed; Will not Take Effect on December 1 Mintz
Dec
28
2017
Fifth Circuit Decision in Highway Guardrails Case Provides Important Guidance on Materiality in False Claims Act Cases Mintz
Apr
24
2019
Dueling Declaratory Judgment Suits Result in a Dismissal and Boomerang Transfer Back to the First-filed Forum Under TC Heartland Mintz
Oct
11
2019
Can a Settlement Agreement Be Converted to an Arbitration Award That is Enforceable Under the New York Convention? Mintz
Oct
20
2020
TCPA Litigation Update — District Court Rules TCPA Unconstitutional from 2015 to 2020 Mintz
Apr
25
2024
In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court Mintz
Nov
23
2016
With DOL’s OT Rule Blocked, Employers Are Left Asking “What’s Next?” Mintz
 

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