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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Nov
19
2020
Transfer Motions Must Take Top Priority McDermott Will & Emery
Jan
7
2021
The Jury Returns…Returns. McDermott Will & Emery
Sep
30
2021
Fifth Circuit Affirms Jury Verdict on Willing Licensee FRAND Commitment McDermott Will & Emery
Jun
2
2022
Oh Snap: Sufficient Reasoning Must Support Declaratory Judgment Dismissal McDermott Will & Emery
Nov
9
2023
No Fifth Chances: Ignoring Court’s Warning Leads to Terminal Sanctions McDermott Will & Emery
Apr
2
2013
Plaintiff’s Foreign Operations Result in “Lessened” Deference to Choice of Home Forum in Trade Secret Misappropriation Case McDermott Will & Emery
Sep
1
2014
Misappropriation of Trade Secrets Warrants an Ongoing “Reasonable Royalty” McDermott Will & Emery
Jul
30
2015
Delivering Architectural Plans May Create Implied License McDermott Will & Emery
Dec
21
2018
Second Circuit Joins Majority in Applying Octane Fitness to Lanham Act McDermott Will & Emery
Mar
7
2019
Reasonable Cause for E-Filing Errors? McDermott Will & Emery
Sep
6
2019
Federal Court Certifies Class in Multiple-Plan ERISA Challenge to Health-Plan and Retirement-Plan Fees McDermott Will & Emery
Apr
28
2020
Fifth Circuit Rules that Law Firm Clients’ Identities Are Not Privileged McDermott Will & Emery
Jul
15
2020
Fifth Circuit Drills Down to Details in Drilling Database Disagreement McDermott Will & Emery
Aug
25
2022
Fifth Circuit Affirms Dismissal of Walker Process Claim, Disagrees with Federal Circuit Transfer of Action McDermott Will & Emery
Apr
13
2023
Preliminary Injunction, Meet Irreparable Harm McDermott Will & Emery
Apr
3
2012
Creation of Advertising Material by Third Party Does Not Constitute Trademark Infringement McDermott Will & Emery
Nov
29
2018
Eagle Mark Soars to Injunction Against Identical “Hawk” Logo McDermott Will & Emery
Dec
23
2018
Read the Signs: No Prevailing Party when Case Dismissed Without Prejudice McDermott Will & Emery
Jul
23
2020
Healthcare Enforcement Mid-Year Roundup: 2020 McDermott Will & Emery
Aug
26
2020
Attorney’s Fees Properly Awarded in Unsuccessful Trade Secret Misappropriation and Civil Theft Suit McDermott Will & Emery
Nov
23
2020
Content May Soon Run Out McDermott Will & Emery
May
19
2022
Déjà Vu Decision on Likelihood of Confusion McDermott Will & Emery
May
4
2012
Eastern District of Texas Unveils E-Discovery Model to Curb Abuse McDermott Will & Emery
Nov
4
2012
Fifth Circuit Looks to Totality of Parties’ Conduct to Determine Implied License McDermott Will & Emery
Jun
29
2013
Time Warner Avoids Nexstar’s Broadcasting Retransmission Injunction McDermott Will & Emery
Nov
22
2017
Generic Defendants Shed No Tears after Winning Motion to Add Incorrect Inventorship Defense McDermott Will & Emery
Nov
23
2020
“Jury Trials are Innately Human Experiences.” McDermott Will & Emery
Sep
2
2021
No Service, No Notice McDermott Will & Emery
Mar
16
2023
Charter Schools Aren’t Immune from Trademark Suits McDermott Will & Emery
Feb
8
2024
Bling It On: Laches Prevents Profit Disgorgement in Diamond-Studded Trademark Battle McDermott Will & Emery
May
4
2012
Misleading UDRP Exhibits Could Create Liability Under Anticybersquatting Consumer Protection Act McDermott Will & Emery
Jun
29
2013
Use Can Be Inferred from Reliance on Trade Secrets in Developing One’s Own Technology McDermott Will & Emery
Jan
30
2015
Statements Regarding Live Scientific Debate Still Subject to False Advertising Claim McDermott Will & Emery
Feb
28
2017
State Law Cannot Blur the Line Between Patents and Copyrights McDermott Will & Emery
Jan
29
2020
Failure to Mitigate Not a Complete Defense to Statutory Damages Under Copyright or DMCA McDermott Will & Emery
 

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