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.

Date Title Organization
7
Mar
Fifth Circuit Cases Underscore Need for Attention to Detail in Arbitration Agreements Covering Whistleblower Claims Jackson Lewis P.C.
5
Mar
President Biden’s Vaccination Mandates for Federal Employees and Contractors Remain in Limbo Epstein Becker & Green, P.C.
4
Mar
Plaintiff’s Do-Not-Call Claim Survives Dismissal After Alleging Cell Phone was Used for Residential Purposes Womble Bond Dickinson (US) LLP
3
Mar
No Harm, No Foul, and No Standing for Would-be SEP Implementer: 5th Circuit Changes Narrative on Patent “Hold Up” Mintz
3
Mar
Court Strikes Down a Portion of the No Surprises Act Interim Regulations Jackson Lewis P.C.
3
Mar
Message Received: Service of Complaint by Email Found Sufficient McDermott Will & Emery
3
Mar
Supplier Can’t Complain when SEP Holder Refuses to License McDermott Will & Emery
2
Mar
No Surprises Act: Federal Court Invalidates Parts of the Independent Dispute Resolution Process Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
28
Feb
Intra-Class Conflict Dooms Auto Insurance Class Action in Fifth Circuit Robinson & Cole LLP
25
Feb
Judge Strikes Down Part Of Administration’s Surprise Billing Rules In Win For Physicians Squire Patton Boggs (US) LLP
25
Feb
Class Action Litigation Newsletter | Winter 2021/2022 Greenberg Traurig, LLP
18
Feb
Jackson Lewis Class Action Trends Report 2022: Procedural issues take center stage Jackson Lewis P.C.
18
Feb
Jackson Lewis Class Action Trends Report 2022: COVID-19 Vaccine Mandate Litigation Jackson Lewis P.C.
17
Feb
Target Date Fund Performance Litigation – Advice for Plan Fiduciaries Squire Patton Boggs (US) LLP
16
Feb
30(b)(6) vs. 702 – Is Your Witness a Party or an Expert? Bradley Arant Boult Cummings LLP
14
Feb
Strategically Filed Request for Rehearing Leads PTAB to Institute IPR Finnegan
2
Feb
Social Media & CGL Coverage B: Artful Pleading Circumvents Exclusions Steptoe & Johnson PLLC
27
Jan
Power Play: District Court Properly Transferred Bad Faith Anticipatory Suit McDermott Will & Emery
24
Jan
Challenged in Court: Dispute Resolution Rules in Second Federal No Surprises Act Interim Final Regulations Epstein Becker & Green, P.C.
21
Jan
Cert Filed in Hope Supreme Court Will Reevaluate Fifth Circuit’s FLSA OT Ruling Hunton Andrews Kurth
19
Jan
Entire Market Value Rule Strikes Again in WDTX Mintz
19
Jan
Fifth Circuit Affirms Denial of Coverage for COVID-19 Loss of Use: Policy Requires Tangible Alteration or Deprivation of Property Wilson Elser Moskowitz Edelman & Dicker LLP
16
Jan
Appellate Court Grants Mandamus Relief To Require A Jury Trial On The Issue Of Whether The Inspection Of Books And Records Of A Company Was Sought For A Proper Purpose Winstead
14
Jan
SCOTUS Narrowly Allows CMS Vaccine Mandate to Survive; Preemption Battles to Ensue Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
13
Jan
The Democratic National Committee Owes Ursula $60,000.00 for Robotexts; The Republican National Committee is Out of Trouble (For Now)–So Goes The Political Robocall Wars Squire Patton Boggs (US) LLP
11
Jan
Trending in Tort Law Part II: Courts Address the Growing Use of Public Nuisance in Mass Torts ArentFox Schiff LLP
11
Jan
MORE OF THE SAME: Another Court Holds Click and Pause Allegations Sufficient to Plead ATDS Usage Post Facebook Squire Patton Boggs (US) LLP
5
Jan
Louisiana Federal Court Follows Other Federal Courts Enjoining Vaccine Mandates for Government Contractors Jones Walker LLP
30
Dec
CMS Resumes Enforcement of Vaccine Requirement in Half of States Polsinelli PC
28
Dec
Does Bankruptcy Rule 3002.1’s Remedy Provision Apply for Filings with Inaccurate Information? Bradley Arant Boult Cummings LLP
23
Dec
US Supreme Court to Hear Vaccine Mandate Appeals Squire Patton Boggs (US) LLP
18
Dec
Sixth Circuit Lifts Stay of OSHA Vaccine Mandate – ETS In Effect Starting January 4, 2022 (For Now) (US) Squire Patton Boggs (US) LLP
18
Dec
Sixth Circuit Panel Dissolves Stay of OSHA Vaccine/Testing Mandate Proskauer Rose LLP
18
Dec
CMS Vaccine Rule’s Status (and Fate) Lands in the Supreme Court of the United States Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
18
Dec
Stay of OSHA Emergency Temporary Standard Lifted By Sixth Circuit – “All Systems Go,” For Now… Polsinelli PC
18
Dec
Happy Holidays!! New Compliance Deadlines under the OSHA ETS to Employers with 100 or More Employees Foley & Lardner LLP
17
Dec
Federal Courts Deny Motions To Dismiss Breach Of Fiduciary Duty Claims Due To The Economic Loss Rule Winstead
17
Dec
McDermottPlus Check-Up: December 17, 2021 McDermott Will & Emery
17
Dec
Update: CMS Interim Final Rule Stay Lifted Nationwide, Still in Effect in Twenty-Four Plaintiff States Epstein Becker & Green, P.C.
17
Dec
5th Circuit Reverses National Vaccine Mandate Injunction Greenberg Traurig, LLP
16
Dec
Fifth Circuit Brings Enforcement Back into the Mix: The Latest Court Moves with the CMS Vaccination Mandate McDermott Will & Emery
16
Dec
New Ruling Throws Healthcare Facility Vaccine Mandates Into State Versus State Barnes & Thornburg LLP
16
Dec
Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19 Vaccine Rule Jackson Lewis P.C.
16
Dec
5th Circuit Rejects Request from United Airlines Employees to Block Company’s COVID-19 Vaccine Mandate Nelson Mullins
15
Dec
Red Light – Green Light: CMS Vaccination Mandate is On Again in 26 States? Foley & Lardner LLP
14
Dec
U.S. Supreme Court to Consider Whether Airline Ramp Worker Meets FAA Transportation Worker Exemption Jackson Lewis P.C.
10
Dec
CMS Suspends Vaccine Mandate Enforcement for Healthcare Workers Sheppard, Mullin, Richter & Hampton LLP
7
Dec
DOJ’s First Wage Fixing Indictment Survives a Motion to Dismiss Because Court Finds Wage-Fixing Agreements are Illegal Per Se Epstein Becker & Green, P.C.
2
Dec
Courts Grant Preliminary Injunctions Placing CMS Interim Final Rule on Hold Epstein Becker & Green, P.C.
2
Dec
Courts Halt Federal Vaccination Mandates Amid Legal Challenges Varnum LLP
 

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