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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May
3
2023
Fifth Circuit Reverses Denial of Preliminary Injunction to Invalidate DOL Tipped Dual Jobs Rule Jackson Lewis P.C.
Dec
6
2013
Fifth Circuit Reverses NLRB (National Labor Relations Board) Ruling in D.R. Horton Jackson Lewis P.C.
Oct
27
2015
Fifth Circuit Reverses NLRB, For The Second Time, Rejecting Unfair Labor Practice Finding on Class and Collective Action Waivers in Arbitration Agreements Squire Patton Boggs (US) LLP
Jul
15
2019
Fifth Circuit Reverses Ruling That Procedural Unconscionability Is Decided by Arbitrator Carlton Fields
May
2
2017
Fifth Circuit Revisits McBride Maritime Decision: Pre-Death Pain and Suffering, and Lost Support Jones Walker LLP
Jan
20
2023
Fifth Circuit Revives Securities Class Action Against Six Flags Proskauer Rose LLP
Aug
12
2015
Fifth Circuit Revives SOX Whistleblower Claim But Rejects Allegations Not Exhausted Before OSHA Proskauer Rose LLP
Apr
22
2022
Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary Judgment Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
23
2021
Fifth Circuit Rules Day Rate Compensation Does Not Satisfy Requirement of Payment on a Salaried Basis for Exempt Status Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
27
2019
Fifth Circuit Rules District Court Erred in Ordering Notice of Collective Action to Employees who Signed Arbitration Agreements Jackson Lewis P.C.
Sep
28
2015
Fifth Circuit Rules Employer-Mandated Transit Time May Make Lunch Break Compensable Bracewell LLP
Aug
14
2018
Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished Capacity Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
12
2023
Fifth Circuit Rules Just Energy Bankruptcy Court Erred in Exercising Jurisdiction to Redetermine ERCOT Pricing During Winter Storm Uri Bracewell LLP
Dec
6
2018
Fifth Circuit Rules Louisiana Trade Secret Claim Does Not Preempt Claim For Conversion Of Confidential Info Bracewell LLP
Mar
11
2019
Fifth Circuit Rules No Notice of Collective Actions for Employees With Arbitration Agreements Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
15
2016
Fifth Circuit Rules on Civil Penalties in Citizen Lawsuit Case Bracewell LLP
Jul
21
2022
Fifth Circuit Rules Sleepwalking Employee Who Crawled Into Bed With Coworker Cannot Prove Disability Discrimination Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
26
2022
Fifth Circuit Rules that DOL Advisory Opinion Is Subject to Judicial Review and Invalidates DOL Advisory Opinion on Health Insurance Proskauer Rose LLP
Apr
28
2020
Fifth Circuit Rules that Law Firm Clients’ Identities Are Not Privileged McDermott Will & Emery
Apr
1
2021
Fifth Circuit Rules that Project Completion Bonus is Not an ERISA Severance Plan Proskauer Rose LLP
Aug
17
2023
Fifth Circuit Rules to Reinstate Abortion Pill Restrictions Sheppard, Mullin, Richter & Hampton LLP
Apr
15
2015
Fifth Circuit Ruling in BMC Software, Inc. v. Comm’r. Is Good News for Taxpayers McDermott Will & Emery
Mar
28
2014
Fifth Circuit Ruling Serves as Reminder that Confidentiality Agreements Should be Drafted So As to Not Tread on National Labor Relations Act (NLRA) Section 7 Rights Jackson Lewis P.C.
Oct
18
2022
Fifth Circuit Says A Solvent Debtor Must Pay According To The Contract – No Doubt About It Squire Patton Boggs (US) LLP
Dec
17
2020
Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight McDermott Will & Emery
Feb
28
2019
Fifth Circuit Schools Plaintiff on Likelihood of Confusion McDermott Will & Emery
Sep
10
2013
Fifth Circuit Seeks Texas Supreme Court Input in Deepwater Horizon Insurance Coverage Dispute Beveridge & Diamond PC
Jan
14
2021
Fifth Circuit Sets New Framework for Fair Labor Standards Act Certification Analysis Bracewell LLP
Jan
14
2021
Fifth Circuit Sets New Standard for Certifying FLSA Collective Actions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
12
2022
Fifth Circuit Sheds New Light On Anti-Kickback Statute In Pair Of Decisions Barnes & Thornburg LLP
Feb
1
2021
Fifth Circuit Shuts Down FLSA Conditional Certification Sheppard, Mullin, Richter & Hampton LLP
Jul
7
2015
Fifth Circuit Slams Department of Labor For Botched Investigation and Bad Faith Litigation Tactics Squire Patton Boggs (US) LLP
Aug
12
2019
Fifth Circuit Squarely Rejects Challenge to ICWA Godfrey & Kahn S.C.
Jun
15
2023
Fifth Circuit Stay Means Preventive Services Mandate Remains in Effect Proskauer Rose LLP
Nov
16
2021
Fifth Circuit Stays OSHA’s Vaccine or Testing Emergency Temporary Standard – What’s Next? Wiggin and Dana LLP
Aug
21
2023
Fifth Circuit Supports Restrictions on Medication Abortion, But No Immediate Impact on Group Health Plans (For Now) Proskauer Rose LLP
Aug
10
2015
Fifth Circuit Takes a Mulligan: Janvey v. Golf Channel Squire Patton Boggs (US) LLP
Aug
15
2016
Fifth Circuit Throws Out I-9 Fines Against Employer for Alleged Section 2 Attestation Deficiencies Jackson Lewis P.C.
Sep
9
2015
Fifth Circuit Tips Its Hand as to Analysis of FLSA’s Tip Credit Proskauer Rose LLP
Jul
10
2018
Fifth Circuit to Consider Constitutionality of the BCFP’s Structure Covington & Burling LLP
May
9
2017
Fifth Circuit To Decide Whether BSEE Can Regulate Contractors Under Outer Continental Shelf Lands Act Katten
Aug
15
2016
Fifth Circuit Triples Down on the Legality of Class Action Waivers in Arbitration Agreements Barnes & Thornburg LLP
Aug
14
2015
Fifth Circuit Turns the Table on Department of Labor, Sanctions Government for Bad Faith Conduct During Investigation and Subsequent Litigation Honigman Miller Schwartz and Cohn LLP
Oct
8
2010
Fifth Circuit Update: En Banc Issues And New Cases Hunton Andrews Kurth
Dec
15
2010
Fifth Circuit Update: Insurance, Real Estate and NLRB (Oh My!) Hunton Andrews Kurth
Mar
22
2011
Fifth Circuit Update: Preemption, Successor Liability and Fed Courts Final Exam Hunton Andrews Kurth
Dec
19
2010
Fifth Circuit Update: Stanford Receiver's Temporary Injunction Affirmed Hunton Andrews Kurth
Apr
12
2011
Fifth Circuit Update: Trade Secrets, Fiduciaries in Bankruptcy and Mass Tort Class Actions Hunton Andrews Kurth
Aug
22
2023
Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims Sheppard, Mullin, Richter & Hampton LLP
Aug
23
2023
Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 

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