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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Dec
16
2021
5th Circuit Rejects Request from United Airlines Employees to Block Company’s COVID-19 Vaccine Mandate Nelson Mullins
Dec
17
2021
5th Circuit Reverses National Vaccine Mandate Injunction Greenberg Traurig, LLP
Apr
9
2024
5th Circuit Says District Court Lacked Jurisdiction to Transfer CFPB Late-Fee Rule Suit Out of Texas Greenberg Traurig, LLP
Feb
21
2014
5th Circuit Skirts Extraterritoriality Issue Under (Sarbanes-Oxley Act) SOX Jackson Lewis P.C.
May
26
2021
5th Circuit Unanimously Announces New Test for Jones Act Seaman Status Bracewell LLP
Nov
20
2015
5th Circuit Upholds Deferred Action for Parents: Next Stop Supreme Court? Mintz
May
15
2020
5th Circuit Upholds Non-Compete Provision Despite Former Employee’s Forfeiture of Stock Options, Which Constituted Express Consideration for Restrictive Covenant Agreement Epstein Becker & Green, P.C.
Mar
21
2018
5th Circuit Vacates DOL Fiduciary Rule Katten
May
6
2020
5th Circuit: Arbitration Available for Employee’s Collective Action Claims Proskauer Rose LLP
Nov
17
2014
5th Circuit: Outing Whistleblower Equals Adverse Action Proskauer Rose LLP
May
31
2016
7th Circuit Holds Mandatory Waiver of Class Claims Unlawful; Creates Circuit Court Split ArentFox Schiff LLP
Nov
13
2015
A Blow to the President's Effort to Enact Deferred Action and Authorize Employment for Parents of US Citizens Poyner Spruill LLP
Dec
27
2017
A Busy 2017 Sets the Stage for Further Wage-Hour Developments Epstein Becker & Green, P.C.
Apr
2
2018
A Closer Look at the 5th Circuit Decision Vacating the Fiduciary Rule Katten
Jul
22
2014
A Complex Question Facing Employers under the ADAAA - To Accommodate or Not Accommodate? - Americans with Disabilities Act Barnes & Thornburg LLP
Apr
5
2018
A Crack in the Armor: Fifth Circuit Court of Appeals Gives Green Light to Enjoining Medicare Recoupments Pending Provider’s Long-Delayed Administrative Appeal Cadwalader, Wickersham & Taft LLP
Nov
9
2023
A Different Type of Transfer Portal? Supreme Court Looking at Employment Transfer Discrimination Case Bradley Arant Boult Cummings LLP
Feb
23
2021
A Game of Survivor: Private Credit Restructuring Year in Review Proskauer Rose LLP
Jun
21
2022
A Lesson from the Fifth Circuit About Louisiana Noncompete Agreements: Establish the Employment Relationship First Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
8
2024
A Lullaby? Pregnant Workers Fairness Act May Be Unenforceable Barnes & Thornburg LLP
Apr
10
2018
A New Remedy for an Old Problem: Fifth Circuit Rules That Providers May Seek Injunctive Relief While Waiting For a Delayed Medicare Hearing Epstein Becker & Green, P.C.
Dec
5
2013
A New World of Avoidance Options Greenberg Traurig, LLP
Jun
2
2021
A Rejection of the Rubber-Stamped FLSA Collective Jackson Lewis P.C.
Apr
15
2019
A Review of Recent Whistleblower Developments: April 15th Foley & Lardner LLP
Aug
8
2022
A Robins Dry Dock Refresher Jones Walker LLP
Mar
17
2015
A Single “Heil Hitler” Not Hostile Enough Barnes & Thornburg LLP
May
13
2016
A Smorgasbord of Termination Reasons That Might Be Used Against You Barnes & Thornburg LLP
Apr
10
2018
A third bite at the apple: trade groups file lawsuit challenging CFPB payday loan rule Ballard Spahr LLP
Apr
18
2024
A Win's A Win Right?: Daniel Graham Obtains Default Judgment in TCPA Suit Against TalkAsia VoIP, LLC for $7k–but It Could Have Been Worse (Better?) Troutman Amin, LLP
May
26
2021
A “Malarial Pond”: Fifth Circuit Court of Appeals Considers Unwanted Texts a “Public Nuisance” that Necessarily Cause Article III Harm Troutman Amin, LLP
Mar
31
2013
Absent Explicit Language, Subsequent Patent Settlement Agreement Did Not Obviate Earlier Patent Settlement Agreement McDermott Will & Emery
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
Apr
16
2023
Access to Abortion Pill in Limbo: Navigating the Intricacies of Conflicting Federal Court Rulings in Texas and Washington State Sheppard, Mullin, Richter & Hampton LLP
Sep
16
2021
Accidental Jurisdiction?: Court Finds Making Calling into a State Gives Courts in that State Jurisdiction Over You–Even if You Didn’t Know You Were Calling that State Troutman Amin, LLP
Feb
12
2015
Account Holders Lack of Contacts Fails to Subject Cayman Bank to Personal Jurisdiction in Texas Horwood Marcus & Berk Chartered
 

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