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
7
2018
Texas Federal Court Compels Arbitration of TCPA Claims, Grants Motion of Nonsignatory to Agreement Faegre Drinker
Oct
7
2020
First-of-its-Kind Decision Rejects Liability for Calls Made Before Supreme Court Cured TCPA’s Unconstitutionality by Invalidating Debt-Collection Exception Faegre Drinker
Jan
20
2021
Eastern District of California Adds to Creasy Split Faegre Drinker
Feb
9
2021
Fifth Circuit Decision Motivates Covered Entities to Appeal Unreasonable Enforcement Outcomes Faegre Drinker
Nov
23
2016
Texas Federal Court Permanently Enjoins DOL’s Persuader Rule Faegre Drinker
Dec
19
2018
ACA Intrigue to Continue into 2019 – Federal Court in Texas Issues Ruling with Potentially Far-Reaching Implications for Health Care and Employer Group Health Plans Faegre Drinker
Dec
29
2020
Professional Plaintiff Who Manufactured Claims Can Sue But Can’t Represent Class Faegre Drinker
Jan
17
2017
Fifth Circuit Enforces Six-Month Statute of Limitations in OSHA Violations Case Faegre Drinker
Nov
10
2021
Does OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and Beyond Bradley Arant Boult Cummings LLP
Apr
4
2023
Weekends Revisited? Fifth Circuit Re-examines Gender-Specific Scheduling Decision Bradley Arant Boult Cummings LLP
Jul
14
2021
Something to Talk About: Fifth Circuit Reminds Us to Engage in the Interactive Process Bradley Arant Boult Cummings LLP
Nov
9
2023
A Different Type of Transfer Portal? Supreme Court Looking at Employment Transfer Discrimination Case Bradley Arant Boult Cummings LLP
Jan
9
2024
Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit Bradley Arant Boult Cummings LLP
Feb
16
2022
30(b)(6) vs. 702 – Is Your Witness a Party or an Expert? Bradley Arant Boult Cummings LLP
Oct
4
2022
Failing to Cite? Say Bye to Employment Claims in the 5th Circuit Bradley Arant Boult Cummings LLP
Apr
29
2024
Fifth Circuit Reminds Creditors They Must Actively Protect Their Interests in Bankruptcy Bradley Arant Boult Cummings LLP
Dec
28
2021
Does Bankruptcy Rule 3002.1’s Remedy Provision Apply for Filings with Inaccurate Information? Bradley Arant Boult Cummings LLP
Apr
4
2024
OSHA Rights: You Have the Right to Retain a Representative Bradley Arant Boult Cummings LLP
Mar
3
2021
Setting Boundaries for the Field of Discretion: Fifth Circuit Clarifies that Daubert Standard Applies to Expert Opinions at Class Certification Bradley Arant Boult Cummings LLP
Mar
8
2022
Avoiding the Pitfalls of Assigning an Interest in an LLC Bradley Arant Boult Cummings LLP
Jun
12
2023
Supreme Court Unanimously Reins in the Government’s Use of the Aggravated Identify Theft Statute Bradley Arant Boult Cummings LLP
Oct
26
2023
Check for Bankruptcies with Your Claimant – You Might Find Gold Bradley Arant Boult Cummings LLP
Nov
4
2022
CFSAA v. CFPB: Unpacking the Fifth Circuit Decision That CFPB’s Funding Structure Violates the Constitution [VIDEO] Bradley Arant Boult Cummings LLP
Apr
20
2023
Departments Issue Guidance on Preventive Services under the ACA Following the Braidwood Decision Bradley Arant Boult Cummings LLP
Aug
16
2023
Fifth Circuit Upholds Marijuana User’s Second Amendment Rights – Will the Eleventh Circuit Do the Same? Bradley Arant Boult Cummings LLP
Oct
8
2021
New Way to Pay Day Rate: 5th Circuit Rules on FLSA Day Rate Overtime Exemption Bradley Arant Boult Cummings LLP
Aug
10
2021
UnDACAmented: Protections for Dreamers in Peril Bradley Arant Boult Cummings LLP
Jan
19
2023
Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action Bradley Arant Boult Cummings LLP
Aug
22
2023
Ultimatum on Ultimate Employment Decisions: Fifth Circuit Expands Standard on Adverse Employment Decisions Under Title VII Bradley Arant Boult Cummings LLP
Nov
30
2023
No (Union) Shirt? No Problem: Fifth Circuit Strips Down NLRB’s Employee Uniform Rules Bradley Arant Boult Cummings LLP
Jul
8
2021
Willful Misconduct Defined, How Broad Is That Exception to Your MSA? Bradley Arant Boult Cummings LLP
Jan
19
2023
Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action Bradley Arant Boult Cummings LLP
Oct
20
2022
Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question Bradley Arant Boult Cummings LLP
Dec
4
2023
Louisiana District Court Denies Motion to Compel Arbitration Pursuant to DIFC-LCIA Bradley Arant Boult Cummings LLP
Aug
10
2022
Everybody’s Working on the Weekend (Well, Not Everybody) — Fifth Circuit Holds Differing Weekend Attendance Policy Not a Final Adverse Employment Action Bradley Arant Boult Cummings LLP
 

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