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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Mar
31
2013
Absent Explicit Language, Subsequent Patent Settlement Agreement Did Not Obviate Earlier Patent Settlement Agreement McDermott Will & Emery
Nov
27
2013
The Eastern District of Texas Adopts a Model Order for Patent Cases in an Attempt to Reduce Litigation Costs McDermott Will & Emery
Jan
27
2014
Federal Trade Commission (FTC) Hit with Lawsuit by Target of its Fraudulent Patent Enforcement Investigation McDermott Will & Emery
Oct
31
2014
Computer-Implemented Business Transaction Claim Must Describe an “Inventive Concept” to Be Patent Eligible - BuySAFE, Inc. v. Google, Inc. McDermott Will & Emery
Nov
30
2015
“Voice of America” Belongs to the U.S. Government McDermott Will & Emery
Jan
30
2016
Guzman v. Hacienda Records and Recording Studio: No Appellate “Second Guessing” of Witness Credibility Determinations McDermott Will & Emery
Apr
30
2017
Texas District Court Excludes Reference to Presumption of Validity to Avoid Jury Confusion McDermott Will & Emery
Mar
13
2020
DÉJÀ VU – SCOTUS to Review Validity of Affordable Care Act McDermott Will & Emery
Nov
18
2020
Dark Winter for Trial Lawyers McDermott Will & Emery
Apr
26
2022
DOJ Faces Setbacks in Labor Market Prosecutions but Remains Determined McDermott Will & Emery
Oct
2
2012
§ 301(a) of Copyright Act Creates Complete Preemption McDermott Will & Emery
Apr
1
2013
Preliminary Injunction Upheld Against Misappropriated Cardiovascular Drug McDermott Will & Emery
Sep
3
2013
Fifth Circuit Reverses $25 Million Damages Award Against Pilgrim’s Pride McDermott Will & Emery
Jul
20
2015
Fifth Circuit Enforces High Rule 9(b) Bar in Affirming Dismissal of Implied Certification Case McDermott Will & Emery
Mar
27
2017
State of Texas Sues Federal Government to Prompt Action on Yucca Mountain McDermott Will & Emery
Apr
26
2019
Willful False Advertiser not Subject to Disgorgement of Profits or Injunctive Relief McDermott Will & Emery
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
 

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