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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Jul
29
2021
Fifth Circuit: Plan Participants Lacked Standing to Bring ERISA Fiduciary Breach Claims Jackson Lewis P.C.
Dec
16
2021
Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19 Vaccine Rule Jackson Lewis P.C.
Mar
16
2022
Government Vaccine Mandates Jackson Lewis P.C.
Feb
28
2024
Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules Jackson Lewis P.C.
Feb
21
2014
5th Circuit Skirts Extraterritoriality Issue Under (Sarbanes-Oxley Act) SOX Jackson Lewis P.C.
Jul
28
2014
Employer May Determine Workweek for Payroll Purposes under FLSA, Fifth Circuit Rules Jackson Lewis P.C.
Aug
15
2016
Fifth Circuit Throws Out I-9 Fines Against Employer for Alleged Section 2 Attestation Deficiencies Jackson Lewis P.C.
Dec
16
2018
Ho! Ho! Ho! Where Did It Go? Texas Court ACA Ruled Unconstitutional Jackson Lewis 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.
Dec
6
2013
Fifth Circuit Reverses NLRB (National Labor Relations Board) Ruling in D.R. Horton Jackson Lewis P.C.
Feb
22
2014
Fifth Circuit Affirms FLSA (Fair Labor Standards Act) Summary Judgment Based On “Complete Lack Of Evidence” Of Off-the-Clock Work Jackson Lewis P.C.
Oct
3
2014
Attorney-Client Privilege No Shield to Stockholder’s Demand for Internal Review Documents, Delaware High Court Rules Jackson Lewis P.C.
Jul
31
2018
Fifth Circuit Finds Employer’s Peer Review Process Does Not Constitute an Adverse Employment Action Jackson Lewis P.C.
Nov
13
2019
Healthcare Employers’ Title VII Obligations in Harassment, Discrimination of Employees by Patients Jackson Lewis P.C.
Feb
1
2021
Year in Review: Top 10 Class Action Stories and Trends Jackson Lewis P.C.
May
2
2022
Supreme Court to Review Fifth Circuit’s Oil Rig “Day Rate” Case Jackson Lewis P.C.
Dec
31
2015
Quickie Election Rule Challenge To Be Heard By Fifth Circuit Jackson Lewis P.C.
Mar
5
2016
Employer’s Reliance On Positive Alcohol Test Was Legitimate and Non-Discriminatory Basis For Termination Jackson Lewis P.C.
Dec
4
2017
OSHA Appeals Decision Invalidating its Multi-Employer Citation Policy Jackson Lewis P.C.
Aug
1
2018
Fifth Circuit Permits Employee Allegedly Harassed by Patient to Proceed to Trial Jackson Lewis P.C.
May
3
2022
U.S. Supreme Court Bars Emotional Distress Damages Under Section 504, Title VI, Title IX, ACA Jackson Lewis P.C.
Apr
11
2024
Top Five Labor Law Developments for March 2024 Jackson Lewis P.C.
Feb
28
2014
Employer’s Mandatory Arbitration Clause Waiving Employee’s Right to Sue in Court Upheld Jackson Lewis P.C.
Aug
5
2014
Texas Court Enforces Two-Year Non-Compete; Suggests Restrictions up to Five Years May be Reasonable Jackson Lewis P.C.
Feb
19
2015
Federal Immigration Authorities Suspend President’s Two New Deferred Action Programs in Response to Federal Court Injunction Jackson Lewis P.C.
Oct
12
2016
Fifth Circuit Court Refuses To Compel Defendant To Produce Non-Responsive Documents That Hit On Agreed Upon Search Terms Jackson Lewis P.C.
Apr
21
2017
Appeal of DOL Final Overtime Rule Won’t Be Heard Until At Least The Summer Jackson Lewis P.C.
Aug
3
2017
Oral Argument on Overtime Rule Appeal Scheduled for October 2nd Jackson Lewis P.C.
Oct
30
2017
DOL Confirms New Overtime Rule Coming Jackson Lewis P.C.
Sep
8
2020
Fifth Circuit Creates Circuit Split on FLSA’s “Regular Rate” Burden, Addresses Inclusion of Bonuses Jackson Lewis P.C.
Jun
2
2021
A Rejection of the Rubber-Stamped FLSA Collective Jackson Lewis P.C.
Mar
2
2024
Top Five Labor Law Developments for February 2024 Jackson Lewis P.C.
Dec
31
2020
Federal Judge in Texas Rules That Lying About Eligibility For 8(a) Business Development Program Violates False Claims Act; Whistleblower’s Qui Tam Case Can Move Forward Tycko & Zavareei LLP
Aug
25
2014
Defense Bar Overstates Impact of the Fifth Circuit’s Decision in Shupe Tycko & Zavareei LLP
Mar
4
2015
Two Recent Decisions Hold That A Whistleblower Is Not Barred From Bringing A Qui Tam Lawsuit Based Upon Facts Already Known To The Government As A Result Of Audit Or Investigation That Is Not Known To The General Public Tycko & Zavareei LLP
 

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