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
25
2017
DOL Signals A “Do Over” For Overtime Rule Holland & Hart LLP
Jul
17
2017
Significant Changes to Maritime Contract Jurisdiction May Be On The Way Bracewell LLP
Jul
13
2017
Telecommuting May Not Be A Reasonable Accommodation Jackson Lewis P.C.
Jul
12
2017
Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under ADA Mintz
Jul
6
2017
Knock, Knock, Knocking on Menon’s Door Mintz
Jul
5
2017
Court of Appeals Affirms Woody Allen - When it Comes to Work, Showing Up Is Essential Foley & Lardner LLP
Jul
5
2017
Plaintiffs Don’t Stand Tall in Texas FCRA Class Action Polsinelli PC
Jul
5
2017
Fifth Circuit Court of Appeals Sustains Use of Sampling and Extrapolation in Medicare ‘Lack of Medical Necessity’ Audit Finding Cadwalader, Wickersham & Taft LLP
Jun
27
2017
Seeing the Forest Instead of the Trees Squire Patton Boggs (US) LLP
Jun
23
2017
Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
12
2017
Has the CMS Done an About Face as it Relates to Arbitration? Steptoe & Johnson PLLC
Jun
12
2017
District Court Dismisses Shareholder Claim that Equity Award Share Withholding Triggers Section 16(b) Liability McDermott Will & Emery
Jun
8
2017
Department Of Labor Withdraws Independent Contractor and Joint Employer Guidance Morgan, Lewis & Bockius LLP
Jun
6
2017
Ignite Restaurant Group Fires Up Chapter 11 Bankruptcy Case Stark & Stark
Jun
5
2017
Fifth Circuit Enforces Reimbursement Provision in One-Page Welfare Plan Proskauer Rose LLP
Jun
1
2017
Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged Proskauer Rose LLP
May
22
2017
College Not Required to Alter Academic Program for Reasonable Accommodation Barnes & Thornburg LLP
May
17
2017
The Fifth Circuit Calls Into Question Its Standard Of Review In ERISA Denial Of Benefits Cases Jackson Lewis P.C.
May
16
2017
Intercreditor Dispute Raises Questions Regarding Authority to Object to Chapter 11 Plan Faegre Drinker
May
9
2017
Fifth Circuit To Decide Whether BSEE Can Regulate Contractors Under Outer Continental Shelf Lands Act Katten
May
2
2017
Fifth Circuit Revisits McBride Maritime Decision: Pre-Death Pain and Suffering, and Lost Support Jones Walker LLP
Apr
30
2017
Texas District Court Excludes Reference to Presumption of Validity to Avoid Jury Confusion McDermott Will & Emery
Apr
28
2017
Without Volitional Conduct, Establishing Direct Copyright Infringement Gets Hairy McDermott Will & Emery
Apr
26
2017
Reporting Reasonable Suspicion Tests To Third Parties When No Suspicion Existed May Give Rise to Defamation and Invasion of Privacy Claims in Fifth Circuit Jackson Lewis P.C.
Apr
26
2017
Overtime Rule Remains in Limbo as Fifth Circuit Grants the DOL’s Request for Another Extension Epstein Becker & Green, P.C.
Apr
21
2017
Auction House Accused of Scraping Competitor’s Web Listings Proskauer Rose LLP
Apr
21
2017
Relators Denied Permanent Seal on FCA Case Record after Voluntary Dismissal McDermott Will & Emery
Apr
21
2017
Appeal of DOL Final Overtime Rule Won’t Be Heard Until At Least The Summer Jackson Lewis P.C.
Apr
20
2017
Dodd-Frank Act Claims, Non-SEC Whistleblowers, False Claims Act Appeal: Review of Recent Whistleblower Developments April 2017 Foley & Lardner LLP
Apr
18
2017
Patent Holder Sues CBS and iHeart Over Digital Audio Signal Transmission Systems Womble Bond Dickinson (US) LLP
Apr
17
2017
EPA Announces Stay of Deadlines and Reconsideration of Effluent Limitations Guidelines for Steam Electric Power Plants ArentFox Schiff LLP
Apr
17
2017
Government Seeks Another Delay on DOL’s Overtime Rule Jackson Lewis P.C.
Apr
11
2017
Suspending Employee Who Hit Boss With Vehicle Not Retaliation Barnes & Thornburg LLP
Mar
30
2017
Is Never Returning to Work a Reasonable Accommodation? Fifth Circuit Says No Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
29
2017
Will 30 Years Of Practice Be Overturned? Supreme Court Hears Oral Argument In TC Heartland v. Kraft Foods. Mintz
Mar
28
2017
Texas District Court Dismisses SOX Whistleblower Claim For Lack of Protected Activity Proskauer Rose LLP
Mar
27
2017
State of Texas Sues Federal Government to Prompt Action on Yucca Mountain McDermott Will & Emery
Mar
24
2017
The 5th Circuit Issues Order Leaving Intact its Judicial Stay on the EPA Regional Haze Rule Greenberg Traurig, LLP
Mar
24
2017
Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case Jackson Lewis P.C.
Mar
24
2017
Texas Regional Haze: Fifth Circuit Grants EPA’s Motion to Remand the Texas Regional Haze FIP Bracewell LLP
Mar
23
2017
Texas District Court Upholds Hospital’s Policy that Disabled Employees Compete for Vacant Positions Epstein Becker & Green, P.C.
Mar
23
2017
No Emergency Injunction Appeal in Chamber’s Challenge to DOL Rule Proskauer Rose LLP
Mar
17
2017
Class Action as Defense: Fifth Circuit Rules Pending Class Action Subsumes Class Member’s Duplicative Individual Claim Jackson Lewis P.C.
Mar
16
2017
Preparing for the Future of the Overtime Eligibility Rule Faegre Drinker
Mar
15
2017
Medicare Part B Provider Secures Dismissal of FCA Claims Under First-to-File Bar McDermott Will & Emery
Mar
9
2017
Revisiting (Again) the Availability of Punitive Damages to Jones Act Seamen Against Third-Party Non-Employers in Eastern District of Louisiana Jones Walker LLP
Mar
6
2017
Upset about FLSA Retaliation? There's a Remedy for That. Vedder Price
Feb
28
2017
Social Media eDiscovery: Filter Needed Proskauer Rose LLP
Feb
28
2017
State Law Cannot Blur the Line Between Patents and Copyrights McDermott Will & Emery
Feb
27
2017
Federal Court Extends Deadline in Appeal of FLSA Amended Overtime Regulations While Government Decides Whether to Press Case or Drop It Honigman Miller Schwartz and Cohn LLP
 

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