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
17
2014
5th Circuit: Outing Whistleblower Equals Adverse Action Proskauer Rose LLP
Dec
1
2016
DOL to Appeal Texas Court’s Injunction of New Overtime Rule Proskauer Rose LLP
Feb
28
2017
Social Media eDiscovery: Filter Needed Proskauer Rose LLP
Jun
1
2017
Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged Proskauer Rose LLP
Nov
27
2017
First-to-File Rule Brings Venue of Camera Patent Fight into Focus Proskauer Rose LLP
Mar
30
2022
PTAB Institutes IPR Following Federal Circuit’s Decision to Transfer Parallel District Court Litigation Proskauer Rose LLP
Dec
14
2023
SEC Sued Over New Short Sales and Securities Lending Disclosure Rules: Second Lawsuit Filed This Year in 5th Circuit Challenging SEC Action Proskauer Rose LLP
Oct
10
2016
Fifth Circuit Instructs that, When Raised, Arbitrability is a Gateway Issue that Must Be Considered Prior to Conditional Certification in FLSA Collective Actions Proskauer Rose LLP
Dec
1
2016
Micro-Units under the Microscope: The Second and Fifth Circuit Courts Consider Specialty Healthcare and Its Misapplication Proskauer Rose LLP
Jun
5
2017
Fifth Circuit Enforces Reimbursement Provision in One-Page Welfare Plan Proskauer Rose LLP
Jan
25
2024
Special Alert: Fifth Circuit Targets Make-Whole Claims in Bankruptcy Proskauer Rose LLP
Nov
20
2014
Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute Proskauer Rose LLP
Feb
26
2018
Mississippi Federal Court Denies Summary Judgment on SOX Whistleblower Claim Proskauer Rose LLP
Jul
9
2019
Web Scraping Decisions Consider Contract Cause of Action Proskauer Rose LLP
Dec
23
2019
The Saga Continues – Fifth Circuit Affirms ACA Individual Mandate’s Unconstitutionality; Remands for Further Consideration Proskauer Rose LLP
Jun
24
2020
Texas District Court Dismisses SOX Whistleblower Claim for Lack of Employer-Employee Relationship Proskauer Rose LLP
May
23
2022
Fifth Circuit Holds SEC’s In-House Courts and Judges Unconstitutional Proskauer Rose LLP
Apr
25
2023
Preventive Care in a Post-Braidwood World: Agencies Release Guidance on Preventive Services Coverage Requirements Proskauer Rose LLP
Aug
21
2023
Fifth Circuit Supports Restrictions on Medication Abortion, But No Immediate Impact on Group Health Plans (For Now) Proskauer Rose LLP
Sep
29
2015
U.S. Court Dismisses Foreign Residents’ Foreign-Law Claims Arising from Securities Purchased on U.S. Markets Proskauer Rose LLP
Aug
16
2016
Wisconsin District Court Follows 5th Circuit: Internal Tipsters Are Not Considered “Whistleblowers” Under Dodd-Frank Proskauer Rose LLP
Oct
30
2017
DOL to Appeal Ruling That 2016 Overtime Rule Exceeded Its Authority Proskauer Rose LLP
Dec
17
2018
District Court Declares Entire Affordable Care Act Unconstitutional – What It Means for Employers and Plan Sponsors Proskauer Rose LLP
Apr
14
2020
U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date Proskauer Rose LLP
May
13
2020
Fifth Circuit Rains on Plaintiff’s Parade, Vacates Award in Dispute over Windshield Water Repellant Ad Proskauer Rose LLP
Sep
8
2020
Fifth Circuit Confirms Burden of Proof on Regular Rate Miscalculation Claim Proskauer Rose LLP
Apr
5
2022
Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias Proskauer Rose LLP
Jan
17
2023
Liability Management – Vaccine or Pandemic? Private Credit Restructuring Year in Review Proskauer Rose LLP
Oct
7
2014
Fifth Circuit Requests Input from the Supreme Court of Texas Regarding Interpretation of Commercial General Liability (“CGL”) Policy Exclusion Language Proskauer Rose LLP
Dec
4
2016
DOL Seeks Expedited Briefing on Appeal of Overtime Rule Injunction Proskauer Rose LLP
Jun
29
2020
Fifth Circuit Upholds Dismissal of Diversification and Prudence Claims Targeting A Single Stock Fund in a 401(k) Plan Proskauer Rose LLP
Dec
20
2023
The SEC’s New Corporate Buy-Back Rules Have Been Formally Vacated By the U.S. 5th Circuit Court of Appeals: Issuers May Suspend Plans to Comply But Should Consider Providing Some Additional Voluntary Disclosures on the Subject Proskauer Rose LLP
May
6
2024
Launching into New Territory (Continued): SpaceX Wins Temporary Relief at Fifth Circuit Proskauer Rose LLP
Nov
25
2014
Discussing the Fifth Circuit Ruling on Outing Whistleblowers [VIDEO] Proskauer Rose LLP
Dec
21
2016
Fifth Circuit Joins Sister Circuits in Holding That Employees May Recover Emotional Distress Damages in FLSA Retaliation Suits Proskauer Rose LLP
 

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