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
1
2024
Fifth Circuit Continues Bankruptcy Sale Protections After Supreme Court MOAC Opinion Miller Canfield
May
24
2022
Federal Court Calls Unconstitutional the U.S. Securities & Exchange Commission’s In-House Administrative Proceedings for Securities Fraud Cases Miller Canfield
Mar
12
2024
Federal Court in Texas Strikes Down NLRB Joint Employer Rule and Reinstates Prior Trump Era Rule Miller Canfield
Nov
2
2021
Contractor to Pay $188,879.59 to Settle Claims That Owner Falsified DBE Personal Net Worth Statement Strassburger McKenna Gutnick & Gefsky
Nov
7
2021
Federal Appeals Court Stays OSHA’s COVID-19 Vaccine Emergency Temporary Standard Strassburger McKenna Gutnick & Gefsky
Oct
5
2020
Federal Appeals Court Hands Down Important Ruling in Overtime Exemption Lawsuit Buckfire Law
Aug
20
2020
Amrock Lawsuit Spotlights Consequences of Litigious Gamesmanship The National Law Review's Guest Contributors
May
24
2023
Texas Jury Awards Plaintiff Alleging Racial Discrimination and Retaliation $366 Million in Damages Katz Banks Kumin LLP
Aug
2
2021
Can Employers Make COVID-19 Vaccinations Mandatory? Katz Banks Kumin LLP
Sep
27
2021
Court Holds That Shareholder Derivative Suit May Proceed Against An Officer Without A Pre-Suit Demand Where The Case Involved A Closely-Held Corporation Winstead
Jun
5
2022
Suing Attorneys In Texas For Participating in Fiduciary Breaches Winstead
Oct
23
2020
Court Affirmed Finding That Testator Had Capacity To Execute A Will, Was Not Unduly Influenced, And That The Appointment of Co-Executors Was Appropriate Winstead
Feb
28
2021
Court Holds That A Defendant Did Not Owe A Fiduciary Duty To An Affiliate’s Licensee Because Its In-House Attorneys Did Not Have An Attorney/Client Relationship To The Plaintiff And There Was No Informal Confidential Relationship Winstead
Mar
19
2024
Federal Court Dismisses Trust Dispute Due to There Not Being a Justiciable Controversy Winstead
Mar
27
2022
Federal Court Denies Defendant Banks’ Motion for Summary Judgment on Plaintiffs’ Knowing Participation in Breach of Fiduciary Duty Claim in Stanford Ponzi Scheme Case Winstead
Dec
12
2023
Texas Court Holds That Venue Is Appropriate In County Where The Trustee Resided Under The Texas Trust Code, Which Trumps Other Venue Statutes Winstead
Aug
30
2022
Court Held That Those In Control Of A Limited Liability Company May Owe Fiduciary Duties To The Company And Its Members Winstead
Apr
7
2020
Federal Court Magistrate Recommends Dismissing Borrower’s Breach Of Fiduciary Duty Claim Against A Mortgage Servicer As There Was No Fiduciary Relationship Winstead
Aug
30
2022
Employee’s Fiduciary Duty May Not Be Limited To His Or Her Employer Winstead
Jan
17
2023
Federal Court Dismissed Some But Not All Claims Against Individuals And Entities Arising Out Of Operation Of A Limited Partnership Winstead
Nov
1
2023
Court Holds That TCPA Does Not Apply To Claim Involving Beneficiaries Opposing A Trustee’s Decision To Bring Claims Against Third Parties Winstead
Jan
17
2023
Court Affirmed Summary Judgment For A Financial Advisor Due To The Dead Man’s Rule Arising From Claim That He Failed To Change A Beneficiary Designation Winstead
Nov
9
2020
Court Addressed A Shareholder Derivative Suit Against Officers And Directors For Self-Interested Transactions, Misuse Of Company Assets, And Dereliction Of Duties Winstead
Dec
18
2020
Fifth Circuit Reminds Employers of the Importance of Contemporaneous Documentation and Flexible Progressive Discipline Policies Winstead
Jun
29
2021
Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets Winstead
Oct
11
2021
Court Holds That Promissory Note Did Not Allow Partial Conversion To Equity Winstead
Jan
16
2022
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
Oct
11
2021
Court Reversed Trial Court On Interpretation Of Trust Regarding Per Stirpes Versus Per Capita Distributions Winstead
Dec
17
2021
Federal Courts Deny Motions To Dismiss Breach Of Fiduciary Duty Claims Due To The Economic Loss Rule Winstead
Jun
27
2022
Partner Had Capacity To Sue Other Partner For Breach Of Fiduciary Duty Winstead
Jan
21
2021
NRA Fires Off Bankruptcy Petition, Raising Questions about Good Faith and Venue Binder & Schwartz
Mar
18
2020
Jury Verdict in Qui Tam False Claims Act Medicare Fraud Case Finds Nearly $11 Million in Damages Kohn, Kohn & Colapinto
May
9
2022
Judge, Jury and Executioner: Fifth Circuit Slams Courthouse Door on Antitrust Plaintiff Denied SEP Licenses Subject to FRAND Commitments MoginRubin
Jun
17
2021
Fifth Circuit Upholds FTC Finding: Impax Lab's Reverse Payment Scheme Was Illegal MoginRubin
May
3
2022
Despite Defense Verdicts in Healthcare Wage-Fixing Suits, Feds Remain Resolute MoginRubin
 

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