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
25
2020
Notes From The Fifth Circuit: Is Light Shining More Favorably On Big Antitrust Judgments? Barnes & Thornburg LLP
Mar
22
2023
Not so hard cases can also make bad law -- Deference to Agencies takes a hit in the Texas Waters of the United States Case Mintz
Apr
16
2015
Not Necessarily Lockstep: Trustee’s Compensation Still Subject to Reasonableness Requirement Squire Patton Boggs (US) LLP
Oct
15
2019
Not Another Puff Piece: The Difference Between Puffery and False Advertising ArentFox Schiff LLP
Jan
9
2017
Northern District of Texas Blocks Enforcement of the Non-Discrimination Regulations of the ACA McDermott Will & Emery
Mar
8
2022
Nope! The COVID-19 Emergency Exception Applies. Texas Judge Recommends Dismissal of Single-Text TCPA Claim Squire Patton Boggs (US) LLP
Aug
2
2021
Non-Solicitation Agreements Face Heightened Risk of Criminal Prosecution as DOJ Secures Latest Indictments Vedder Price
Mar
16
2011
No, EPA Can’t Require a NPDES Permit Without an Actual Discharge! (Take II) Michael Best & Friedrich LLP
Jun
29
2016
No Waiver of Forum Selection Clause Despite Filing Declaratory Judgment Action in Non-Selected Forum McDermott Will & Emery
May
1
2024
No Time for Fraud: Government Contractor to Pay $18.4 Million for False Timecard Submissions Tycko & Zavareei LLP
Jun
3
2013
No Termination for “False” Affidavit Where Statement Was Made to the Best of Affiant’s Knowledge: Silver Dream L.L.C. v. 3MC Inc. McDermott Will & Emery
Mar
2
2022
No Surprises Act: Federal Court Invalidates Parts of the Independent Dispute Resolution Process Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
10
2023
No Surprises Act Update: Federal IDR Temporarily Suspended After Court Vacates Increased Administrative Fees and Rule for Batching Claims. Sheppard, Mullin, Richter & Hampton LLP
Mar
17
2022
No Surprises Act Challenges, Win for Providers Foley & Lardner LLP
Jan
29
2020
No Statutory Damages Even When Post-Registration Acts Violate a Different Exclusive Right from Pre-Registration Acts McDermott Will & Emery
Sep
2
2021
No Service, No Notice McDermott Will & Emery
Apr
6
2020
No Professional Liability Coverage for Bank After DOJ Settlement of Mortgage Certification Violations Squire Patton Boggs (US) LLP
Aug
3
2014
No Patent; No Federal Jurisdiction McDermott Will & Emery
Feb
14
2023
No More Surprise Medical Bills: Texas Court Again Vacates Arbitration Provisions of Surprise Billing Rule ArentFox Schiff LLP
Sep
7
2023
No More Surprise Medical Bills: Providers Score Yet Another Victory as Texas Court Again Vacates Provisions of Biden Administration’s Surprise Billing Regulations ArentFox Schiff LLP
Mar
3
2022
No Harm, No Foul, and No Standing for Would-be SEP Implementer: 5th Circuit Changes Narrative on Patent “Hold Up” Mintz
Dec
21
2015
No GINA Violation for Alternate Duty Assignment after Firefighter Refused Compliance with ‘Mandatory Wellness Program’ Jackson Lewis P.C.
Nov
9
2023
No Fifth Chances: Ignoring Court’s Warning Leads to Terminal Sanctions McDermott Will & Emery
Mar
23
2017
No Emergency Injunction Appeal in Chamber’s Challenge to DOL Rule Proskauer Rose LLP
Oct
23
2019
No E For Effort: FLSA Conditional Certification Fails Without Supporting Evidence Barnes & Thornburg LLP
Mar
26
2015
No Acquiescence Defense in Fifth Circuit Without Significant Investment in Reliance: Pennzoil-Quaker State Co. v. Miller Oil & Gas Operations McDermott Will & Emery
Nov
30
2023
No (Union) Shirt? No Problem: Fifth Circuit Strips Down NLRB’s Employee Uniform Rules Bradley Arant Boult Cummings LLP
Jun
15
2016
NLRB’S “Ambush Election Rules" Get Stamp of Approval From Fifth Circuit Barnes & Thornburg LLP
Jun
30
2015
NLRB’s Isolated Position on Class and Collective Action Waivers Takes Another Hit Squire Patton Boggs (US) LLP
Feb
21
2024
NLRB’s Final Joint Employer Rule Takes Effect This Month Hunton Andrews Kurth
Mar
6
2024
NLRB’s Final Joint Employer Rule Stayed Amid Legal Challenges Hunton Andrews Kurth
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
Feb
4
2016
NLRB Not Waffling on Pre-employment Class-Action Waivers Despite Fifth Circuit Reversals Squire Patton Boggs (US) LLP
Nov
15
2021
NLRB General Counsel Issues Memo Regarding Bargaining Obligations for Vaccine Mandate Hunton Andrews Kurth
Apr
17
2014
NLRB Dr. Horton Rehearing Denied--National Labor Relations Board Barnes & Thornburg LLP
 

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