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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May
24
2023
Another Circuit Drops 2-Step FLSA Certification Process and Adopts Heightened Notice Standard for Collective Actions Polsinelli PC
May
10
2024
New Final Department of Labor Rules on Investment Advice are Immediately Challenged in Court Polsinelli PC
Apr
28
2016
Employers May Wish to Consider Additional Language When Drafting Confidentiality Agreements Polsinelli PC
Sep
29
2016
New DOL Rule on Salary Threshold for Exempt Status Under Challenge in Federal Court, But Don’t Defer Compliance Efforts… Polsinelli PC
Mar
11
2019
Fifth Circuit Affirms Dismissal of Former VP’s SOX Claim as Unreasonable Polsinelli PC
Jan
13
2021
Fifth Circuit Rejects Two-Step FLSA Collective Action Certification Process Polsinelli PC
Nov
5
2021
Biden Workplace Vaccination Rule Challenged by States Polsinelli PC
Dec
30
2021
CMS Resumes Enforcement of Vaccine Requirement in Half of States Polsinelli PC
Sep
9
2016
Circuit Split Widens Over Enforceability of Arbitration Agreements Containing Class/Collective Action Waivers Polsinelli PC
Nov
7
2021
Fifth Circuit Halts Enforcement of the OSHA ETS…For Now Polsinelli PC
Feb
9
2023
Federal Court Strikes Down Portions of the Final Rule Addressing the Independent Dispute Resolution Process Under the No Surprises Act Polsinelli PC
Sep
1
2023
The Fifth Circuit Lowers Pleading Standard for Title VII Discrimination Claims Polsinelli PC
Jun
7
2018
#MeThree: Recommendations for Employers to Avoid Liability for Third Party Harassment Polsinelli PC
Feb
29
2016
More Than Bargained For: Court Requires Federal Contractor to Accommodate Independent Contractor’s Disability Polsinelli PC
Oct
31
2019
Federal Cases Offer Medicare-Enrolled Providers Possible Injunctive Relief from Recoupments While Awaiting Administrative Appeal Polsinelli PC
Oct
17
2022
Supreme Court Takes Up FLSA High Earners Exemption Polsinelli PC
Apr
10
2018
Lifesaving Texts Survive TCPA Claims Polsinelli PC
Nov
15
2016
'Fiduciary Rule' Update: Financial Services Industry Should Prepare for Compliance Polsinelli PC
Jun
29
2016
Texas Federal Court Blocks Implementation of Department of Labor’s Persuader Rule Polsinelli PC
Feb
1
2017
Feds Two-Step on Texas Sovereignty has Far-Reaching Compliance Implications Polsinelli PC
Nov
16
2021
Sixth Circuit Wins OSHA ETS Lottery to Hear Legal Challenges Polsinelli PC
Mar
11
2024
Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard Polsinelli PC
Oct
30
2017
The Saga Continues: What’s Next for the White Collar Exemptions? Polsinelli PC
Jun
19
2018
The Devil is in the Details: Arbitration Agreements Ruled Invalid Over Signatures Polsinelli PC
Feb
14
2019
Four Circuits Agree: Regular and Reliable Attendance is an Essential Job Function Polsinelli PC
Apr
16
2018
Fifth Circuit Grants Health Care Providers Medicare Appeals Backlog Remedy Polsinelli PC
Jun
4
2019
Mandatory but not Jurisdictional – SCOTUS Decides What Employers Must do to Kick Charge-less Title VII claims Polsinelli PC
Oct
25
2021
Texas’ Third Special Legislative Session Ends Without Any Expansion of Governor Abbott’s “Vaccine Mandate Ban” Executive Order Polsinelli PC
Dec
18
2021
Stay of OSHA Emergency Temporary Standard Lifted By Sixth Circuit – “All Systems Go,” For Now… Polsinelli PC
Nov
30
2016
DOL’s New Overtime Regulation Will NOT Go in to Effect on December 1 Murtha Cullina
Jan
5
2017
Texas District Court Preliminarily Enjoins Partial Enforcement of Section 1557 Murtha Cullina
Nov
23
2016
DOL's New Overtime Regulation Will NOT Go in to Effect on December 1 Murtha Cullina
Nov
21
2016
Stop Talking to Yourself: Your Employee's Obligation to Engage in the “Interactive Process” When Seeking an ADA Accommodation Murtha Cullina
Jan
29
2016
Secured Lender Forced, under Bankruptcy Code Section 506(c), to Pay Trustee's Expenses of Preserving Collateral...for 14 Months Murtha Cullina
Nov
18
2021
Update on PMTA MDO Legal Challenges, Rescissions and PMTA Authorizations; CTP Leadership Presents at FDLI Conference Keller and Heckman LLP
 

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