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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Feb
23
2017
Fifth Circuit Pays Special Deference to NLRB’s Determination that Hotel Management Company Acted with Anti-Union Animus in Outsourcing Housekeeping Department Epstein Becker & Green, P.C.
Feb
22
2017
Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule Jackson Lewis P.C.
Feb
21
2017
Fifth Circuit Denies Punitive and Compensatory Damages for ADEA Retaliation Claims, Creates Circuit Split Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
20
2017
Fifth Circuit Permits Emotional Distress Damages for FLSA Retaliation Claim Jackson Lewis P.C.
Feb
18
2017
Overtime Appeal Faces Further Delay Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
13
2017
Update on DOL Fiduciary Rule Applicability Delay and Litigation Morgan, Lewis & Bockius LLP
Feb
13
2017
Enforcement Status of ACA Section 1557 Regulations Morgan, Lewis & Bockius LLP
Feb
10
2017
The DOL Fiduciary Rule: Are Commission Structures for Retirement Investment Advisers a Thing of the Past? Squire Patton Boggs (US) LLP
Feb
10
2017
Texas Federal Court Refuses To Dismiss Challenge To OSHA Practice Allowing Unions To Accompany OSHA Workplace Investigations Epstein Becker & Green, P.C.
Feb
1
2017
Feds Two-Step on Texas Sovereignty has Far-Reaching Compliance Implications Polsinelli PC
Jan
31
2017
I Can See Clearly Now (Well, Almost): Congress Initiates Legislation to Abolish the Contractor Blacklisting Regulations Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
31
2017
Texas Court Dismisses Section 1557 Transgender Discrimination Claim Epstein Becker & Green, P.C.
Jan
30
2017
New Administration’s Request For Additional Time To Address Injunction Of New Overtime Rule May Signal An Intent To Abandon The Rule Epstein Becker & Green, P.C.
Jan
30
2017
Trade Secret Preemption: Possible Defense To Trade Secrets Claim? Epstein Becker & Green, P.C.
Jan
28
2017
Fifth Circuit Grants Government Request for Additional Time to State Position on Overtime Rule Jackson Lewis P.C.
Jan
26
2017
Trump DOL Presses Pause Button on Appeal of Overtime Rule Injunction Proskauer Rose LLP
Jan
26
2017
DOL Overtime Rule Appeal Faces Uncertainty Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
25
2017
DOL Requests Additional Time to “Consider Issues” Before Filing Reply In Support of Salary Basis Rule Jackson Lewis P.C.
Jan
25
2017
Business Associations Support Injunction Blocking Overtime Rule Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
18
2017
States Argue Texas Court Properly Blocked Overtime Rule Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
17
2017
State Plaintiffs Urge Fifth Circuit to Affirm Nationwide Injunction Blocking DOL Overtime Rule Jackson Lewis P.C.
Jan
17
2017
Fifth Circuit Enforces Six-Month Statute of Limitations in OSHA Violations Case Faegre Drinker
Jan
13
2017
Federal Court Enjoins Health and Human Services Department from Enforcing ACA Protections for Transgender Individuals Jackson Lewis P.C.
Jan
13
2017
The Ball Dropped on New Year’s Eve for Some ACA Section 1557 Nondiscrimination Rules Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
11
2017
Despite Expedited Fifth Circuit Review, the District Court Case Challenging the DOL’s Proposed Overtime Regulations Will Proceed Epstein Becker & Green, P.C.
Jan
9
2017
Northern District of Texas Blocks Enforcement of the Non-Discrimination Regulations of the ACA McDermott Will & Emery
Jan
9
2017
Maritime Collateral Source Rule's Application to Claims of LHWCA Workers Against Third Parties Bracewell LLP
Jan
9
2017
Fifth Circuit Addressed Duties Owed by Vessel Owner to Longshoreman Performing Risky Work in Hazardous Conditions Bracewell LLP
Jan
9
2017
OSHA Issues Enforcement Guidance on Controversial Non-Discrimination Provisions Barnes & Thornburg LLP
Jan
9
2017
Court Issues Nationwide Injunction Prohibiting Enforcement of Section 1557 Provisions Relating to Gender Identity and Termination of Pregnancy – But Other Provisions Still Can Be Enforced Epstein Becker & Green, P.C.
Jan
9
2017
State of Texas v. United States of America: Battle Over Bathrooms and Gender Identity Heyl, Royster, Voelker & Allen, P.C.
Jan
6
2017
The Saga Continues on the Fate of the DOL’s Overtime Rule Mintz
Jan
5
2017
Texas District Court Preliminarily Enjoins Partial Enforcement of Section 1557 Murtha Cullina
Jan
3
2017
Texas Judge Denies DOL’s Motion to Stay District Court Overtime Litigation Pending Appeal Proskauer Rose LLP
Jan
3
2017
Latest on Overtime Rule Litigation: Texas District Judge Denies DOL’s Motion to Stay Pending Ruling by Fifth Circuit Court of Appeals Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
30
2016
The DOL’s Final Rule on Life Support? Barnes & Thornburg LLP
Dec
28
2016
Fifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
27
2016
Fifth Circuit Judge Blocks Rule That Would Ban Arbitration in Nursing Home Disputes Heyl, Royster, Voelker & Allen, P.C.
Dec
27
2016
Fifth Circuit Preliminary Injunction Enjoins New Overtime Rule Epstein Becker & Green, P.C.
Dec
24
2016
Sen. Sanders, Other Members of Congress, File Amicus Brief in Support of DOL Salary Basis Regulation Jackson Lewis P.C.
Dec
21
2016
Fifth Circuit Joins Sister Circuits in Holding That Employees May Recover Emotional Distress Damages in FLSA Retaliation Suits Proskauer Rose LLP
Dec
21
2016
EPA’s Cooperative Federalism Approach to Nutrients in Mississippi River and Gulf of Mexico Prevails in Fifth Circuit Remand Beveridge & Diamond PC
Dec
21
2016
Overtime Rule Litigation: Action Continues While DOL Appeals Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
19
2016
The Revised DOL Persuader Rule — An Obituary Foley & Lardner LLP
Dec
17
2016
Fifth Circuit Judge Halts New Overtime Rule Issuing Nationwide Injunction Sherin and Lodgen LLP
Dec
16
2016
Labor Department Argues That Texas Court Erred When It Blocked Overtime Rule Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
13
2016
Fifth Circuit Agrees to Fast Track DOL Overtime Appeal Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
13
2016
Fifth Circuit Upholds Micro-Bargaining Unit at Retailer, But Dissent Finds Labor Board’s Legal Standard Wanting Jackson Lewis P.C.
Dec
12
2016
Texas AFL-CIO Files Motion to Intervene in DOL Final Rule Lawsuit, Citing Trump Administration’s Anticipated Change of Course Jackson Lewis P.C.
Dec
9
2016
Second Persuader Rule Case Halted; Court to Wait for New Administration Barnes & Thornburg LLP
 

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