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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Aug
8
2019
Court Continues Stay Of Litigation And Compliance Date In Trade Group Lawsuit Challenging CFPB Payday Loan Rule Ballard Spahr LLP
Aug
7
2019
District Court in the Fifth Circuit Holds that Predictive Dialers are Outside the Scope of the TCPA Womble Bond Dickinson (US) LLP
Aug
6
2019
Interrelatedness, Prompt Notice and Prior and/or Pending Litigation Exclusion Collide Squire Patton Boggs (US) LLP
Aug
6
2019
Fifth Circuit Holds Propriety of Class Arbitration Is “Gateway” Issue for Courts Carlton Fields
Aug
5
2019
Parties File Another Status Report in Trade Group Lawsuit Challenging CFPB Payday Loan Rule Ballard Spahr LLP
Aug
2
2019
Who Decides the “Class Arbitrability” Issue: Fifth Circuit Joins Consensus That It Is a Court, Not an Arbitrator, But Evidently Missed the Memo From SCOTUS About the Exception Mintz
Aug
1
2019
Lawsuit Challenges Dallas Paid Sick Leave Ordinance Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
31
2019
US Supreme Court Adopts Fifth Circuit Approach in Finding State Wage-and-Hour Laws Inapplicable to OCS Workers Bracewell LLP
Jul
27
2019
Title VII Reversal: Fifth Circuit Holds No Transgender Protections Under Civil Rights Statute Sheppard, Mullin, Richter & Hampton LLP
Jul
24
2019
Class Arbitrability is a Decision for the Court, Not the Arbitrator Barnes & Thornburg LLP
Jul
19
2019
Fifth Circuit Bars Notice of FLSA Collective Actions to Arbitration-Bound Employees Carlton Fields
Jul
19
2019
One of These Things Is Not Like The Other: Emails Are Not Subject To The TCPA, Even If You Get Them On Your Smartphone. Squire Patton Boggs (US) LLP
Jul
15
2019
Fifth Circuit Reverses Ruling That Procedural Unconscionability Is Decided by Arbitrator Carlton Fields
Jul
15
2019
ML Strategies Health Care Preview - Week of July 15,2019 Mintz
Jul
12
2019
McDermottPlus Check-Up: July 12, 2019 McDermott Will & Emery
Jul
11
2019
FHFA Reverses Position (Again) on its Constitutionality Ballard Spahr LLP
Jul
9
2019
Web Scraping Decisions Consider Contract Cause of Action Proskauer Rose LLP
Jul
9
2019
Fifth Circuit Holds Parties Did Not Enter Into Arbitration Agreement Under the FAA Carlton Fields
Jun
25
2019
Court: Employers Can’t Stall Subpoenas to Run out OSHA’s Enforcement Clock Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
24
2019
Who Gets Notice Of a Collective Action? Jackson Lewis P.C.
Jun
24
2019
Ericsson Offers FRAND - District Court Endorses Comparable Licenses, Rejects SSPPU Royalty Rate McKool Smith
Jun
18
2019
Offshore Oil Rig Workers’ Overtime Claims Governed by FLSA, Not California Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
18
2019
Patent Application Not Fatal To Trade Secret Claims, Federal Court Rules Bracewell LLP
Jun
17
2019
Three Weeks to go Until Oral Arguments in Texas v. United States Squire Patton Boggs (US) LLP
Jun
13
2019
Court Finds Panel Did Not Manifestly Disregard Law When It Entered FINRA Award in Favor of Investment Firm and Advisors in Dispute over Fraud Committed by Late NFL Player’s Agent Carlton Fields
Jun
12
2019
Raise Title VII Defense Early On or Risk Waiver, Supreme Court Rules Womble Bond Dickinson (US) LLP
Jun
12
2019
Form Over Substance? High Court Agrees to Take a Look at an Old Fifth Circuit Rule Requiring Formal Objection Carlton Fields
Jun
4
2019
Mandatory but not Jurisdictional – SCOTUS Decides What Employers Must do to Kick Charge-less Title VII claims Polsinelli PC
Jun
4
2019
Huawei Motions for Summary Judgement in Complaint Against US Government Squire Patton Boggs (US) LLP
Jun
3
2019
Texas Court Declares Licensing Offer Based on End Device is FRAND, Diverges from California Court in Qualcomm McDermott Will & Emery
Jun
3
2019
U.S. Supreme Court Relaxes Procedural Path for Title VII Litigants, Ruling EEOC Charge-Filing Process Not Jurisdictional Squire Patton Boggs (US) LLP
May
31
2019
Fifth Circuit Affirms Ruling That Policy’s Conformity Provision Does Not Negate the Agreement to Arbitrate Despite Statute Prohibiting Arbitration Agreements in Insurance Contracts Covering Property in Louisiana Carlton Fields
May
30
2019
Eagle Eye On Attorneys’ Fee Award: Courts Must Apportion Award Based On Successful Claims McDermott Will & Emery
May
29
2019
SCOTUS Grants Cert to Resolve Circuit Split on Safe Berth Warranty: Guarantee of a Ship’s Safety or Due Diligence? Jones Walker LLP
May
20
2019
Destination Arbitration: Court Holds Service-Of-Suit Clause Does Not Conflict With Policy’s Arbitration Requirement Carlton Fields
May
8
2019
Inadmissible Hearsay Will Not Create Genuine Issue of Fact Regarding Whether Plaintiff Revoked Consent Faegre Drinker
May
7
2019
Update to Texas v. United States: DOJ Files a Brief in Support of Eliminating the ACA Sheppard, Mullin, Richter & Hampton LLP
May
2
2019
Attorneys Beware: Federal Court Reinstates Aiding and Abetting Breach of Fiduciary Duty Claim Against Law Firm Squire Patton Boggs (US) LLP
Apr
29
2019
The TCPA and Human Memory: New Ruling Shows How Convenient Memories Often Make for Large-Dollar Lawsuits in TCPAWorld Squire Patton Boggs (US) LLP
Apr
26
2019
Willful False Advertiser not Subject to Disgorgement of Profits or Injunctive Relief McDermott Will & Emery
Apr
24
2019
Dueling Declaratory Judgment Suits Result in a Dismissal and Boomerang Transfer Back to the First-filed Forum Under TC Heartland Mintz
Apr
18
2019
Texas Health System MD Anderson Seeks 5th Circuit Review of HHS Determination that HIPAA Required Encryption of its ePHI Robinson & Cole LLP
Apr
15
2019
A Review of Recent Whistleblower Developments: April 15th Foley & Lardner LLP
Apr
15
2019
Texas Supreme Court Expands Upon the Rights of Oil and Gas Producers to Deduct Post-Production Costs in Burlington Resources Oil & Gas Company, L.P. v. Texas Crude Energy, LLC Bracewell LLP
Apr
8
2019
Cooperation Clause: Can My Insurance Company Force Me to Settle? Barnes & Thornburg LLP
Mar
29
2019
Fifth Circuit Opinion Provides Most Recent Overview of “Borrowed Employee” Test for Offshore Platform Workers Jones Walker LLP
Mar
29
2019
Circuits Play Jurisdictional Hot Potato with Walker Process Claim McDermott Will & Emery
Mar
25
2019
Fifth Circuit Holds Directional Drillers Are Independent Contractors Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
20
2019
Texas Federal Court Continues Stay of Trade Groups’ Lawsuit Challenging CFPB Payday Loan Rule and Stay of Compliance Date Ballard Spahr LLP
Mar
18
2019
Fifth Circuit hears oral argument in All American Check Cashing Ballard Spahr LLP
 

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