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
24
2022
Court Invalidates IRS Notice 2016-66 on Micro-Captive Transactions, the Second Time an IRS Notice Was Vacated This Month Greenberg Traurig, LLP
Mar
23
2022
Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care Facilities – Employment Law This Week [VIDEO] [PODCAST] Epstein Becker & Green, P.C.
Mar
22
2022
Surprise! The No Surprises Act Changes Again Dinsmore & Shohl LLP
Mar
20
2022
DOL Withdrawal of Trump-Era Independent Contractor Final Rule Unlawful, Court Rules Jackson Lewis P.C.
Mar
18
2022
"A Clash of Two Congressionally Constructed Titans": Fifth Circuit Declares Bankruptcy Court Victorious Over FERC in In re Ultra Petroleum Corporation Bracewell LLP
Mar
17
2022
No Surprises Act Challenges, Win for Providers Foley & Lardner LLP
Mar
17
2022
Federal Court Reinstates Trump-Era Independent Contractor Rule Epstein Becker & Green, P.C.
Mar
17
2022
Judge Albright Issues Another Round of Updated Patent Rules for WDTX McDermott Will & Emery
Mar
17
2022
Self-Dealing Lawyer Held Jointly and Severally Liable in Trade Secret Misappropriation McDermott Will & Emery
Mar
16
2022
Government Vaccine Mandates Jackson Lewis P.C.
Mar
9
2022
Fifth Circuit: Remand to Determine Disability was Not a “Second Bite at the Apple” for Insurer Jackson Lewis P.C.
Mar
8
2022
Avoiding the Pitfalls of Assigning an Interest in an LLC Bradley Arant Boult Cummings LLP
Mar
8
2022
Nope! The COVID-19 Emergency Exception Applies. Texas Judge Recommends Dismissal of Single-Text TCPA Claim Squire Patton Boggs (US) LLP
Mar
8
2022
Federal Court Denies Restaurant Industry’s Request to Temporarily Enjoin New Tip Credit Regulations: Next Steps for Restaurant and Hospitality Industry Employers Greenberg Traurig, LLP
Mar
7
2022
Fifth Circuit Endorses Broad Reading of “Removal” Under CERCLA To Bar RCRA Citizen Suit Hunton Andrews Kurth
Mar
7
2022
Fifth Circuit Cases Underscore Need for Attention to Detail in Arbitration Agreements Covering Whistleblower Claims Jackson Lewis P.C.
Mar
5
2022
President Biden’s Vaccination Mandates for Federal Employees and Contractors Remain in Limbo Epstein Becker & Green, P.C.
Mar
4
2022
Plaintiff’s Do-Not-Call Claim Survives Dismissal After Alleging Cell Phone was Used for Residential Purposes Womble Bond Dickinson (US) LLP
Mar
3
2022
No Harm, No Foul, and No Standing for Would-be SEP Implementer: 5th Circuit Changes Narrative on Patent “Hold Up” Mintz
Mar
3
2022
Court Strikes Down a Portion of the No Surprises Act Interim Regulations Jackson Lewis P.C.
Mar
3
2022
Message Received: Service of Complaint by Email Found Sufficient McDermott Will & Emery
Mar
3
2022
Supplier Can’t Complain when SEP Holder Refuses to License McDermott Will & Emery
Mar
2
2022
No Surprises Act: Federal Court Invalidates Parts of the Independent Dispute Resolution Process Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
28
2022
Intra-Class Conflict Dooms Auto Insurance Class Action in Fifth Circuit Robinson & Cole LLP
Feb
25
2022
Judge Strikes Down Part Of Administration’s Surprise Billing Rules In Win For Physicians Squire Patton Boggs (US) LLP
Feb
25
2022
Class Action Litigation Newsletter | Winter 2021/2022 Greenberg Traurig, LLP
Feb
18
2022
Jackson Lewis Class Action Trends Report 2022: Procedural issues take center stage Jackson Lewis P.C.
Feb
18
2022
Jackson Lewis Class Action Trends Report 2022: COVID-19 Vaccine Mandate Litigation Jackson Lewis P.C.
Feb
17
2022
Target Date Fund Performance Litigation – Advice for Plan Fiduciaries Squire Patton Boggs (US) LLP
Feb
16
2022
30(b)(6) vs. 702 – Is Your Witness a Party or an Expert? Bradley Arant Boult Cummings LLP
Feb
14
2022
Strategically Filed Request for Rehearing Leads PTAB to Institute IPR Finnegan
Feb
2
2022
Social Media & CGL Coverage B: Artful Pleading Circumvents Exclusions Steptoe & Johnson PLLC
Jan
27
2022
Power Play: District Court Properly Transferred Bad Faith Anticipatory Suit McDermott Will & Emery
Jan
24
2022
Challenged in Court: Dispute Resolution Rules in Second Federal No Surprises Act Interim Final Regulations Epstein Becker & Green, P.C.
Jan
21
2022
Cert Filed in Hope Supreme Court Will Reevaluate Fifth Circuit’s FLSA OT Ruling Hunton Andrews Kurth
Jan
19
2022
Entire Market Value Rule Strikes Again in WDTX Mintz
Jan
19
2022
Fifth Circuit Affirms Denial of Coverage for COVID-19 Loss of Use: Policy Requires Tangible Alteration or Deprivation of Property Wilson Elser Moskowitz Edelman & Dicker LLP
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
Jan
14
2022
SCOTUS Narrowly Allows CMS Vaccine Mandate to Survive; Preemption Battles to Ensue Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
13
2022
The Democratic National Committee Owes Ursula $60,000.00 for Robotexts; The Republican National Committee is Out of Trouble (For Now)–So Goes The Political Robocall Wars Squire Patton Boggs (US) LLP
Jan
11
2022
Trending in Tort Law Part II: Courts Address the Growing Use of Public Nuisance in Mass Torts ArentFox Schiff LLP
Jan
11
2022
MORE OF THE SAME: Another Court Holds Click and Pause Allegations Sufficient to Plead ATDS Usage Post Facebook Squire Patton Boggs (US) LLP
Jan
5
2022
Louisiana Federal Court Follows Other Federal Courts Enjoining Vaccine Mandates for Government Contractors Jones Walker LLP
Dec
30
2021
CMS Resumes Enforcement of Vaccine Requirement in Half of States Polsinelli PC
Dec
28
2021
Does Bankruptcy Rule 3002.1’s Remedy Provision Apply for Filings with Inaccurate Information? Bradley Arant Boult Cummings LLP
Dec
23
2021
US Supreme Court to Hear Vaccine Mandate Appeals Squire Patton Boggs (US) LLP
Dec
18
2021
Sixth Circuit Lifts Stay of OSHA Vaccine Mandate – ETS In Effect Starting January 4, 2022 (For Now) (US) Squire Patton Boggs (US) LLP
Dec
18
2021
Sixth Circuit Panel Dissolves Stay of OSHA Vaccine/Testing Mandate Proskauer Rose LLP
Dec
18
2021
CMS Vaccine Rule’s Status (and Fate) Lands in the Supreme Court of the United States Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
18
2021
Stay of OSHA Emergency Temporary Standard Lifted By Sixth Circuit – “All Systems Go,” For Now… Polsinelli PC
 

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