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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Jun
29
2013
Time Warner Avoids Nexstar’s Broadcasting Retransmission Injunction McDermott Will & Emery
Nov
22
2017
Generic Defendants Shed No Tears after Winning Motion to Add Incorrect Inventorship Defense McDermott Will & Emery
Jun
24
2021
Federal Circuit Lacks Appellate Jurisdiction over Standalone Walker Process Claims McDermott Will & Emery
Sep
2
2021
Texas Hammer Nails Trademark Infringement Appeal McDermott Will & Emery
Aug
11
2023
Don’t Ruin Today’s CNS with Yesterday’s Problems McDermott Will & Emery
Nov
16
2023
TikTok Makes It Out of West Texas to Sunny Northern California McDermott Will & Emery
Feb
8
2024
Carolina Calling: Sources of Proof Favor Transfer McDermott Will & Emery
Mar
21
2024
Strong Signal: Personal Jurisdiction Over Foreign Defendant Based on Confluence of Factors McDermott Will & Emery
May
4
2012
Misleading UDRP Exhibits Could Create Liability Under Anticybersquatting Consumer Protection Act McDermott Will & Emery
Jun
29
2013
Use Can Be Inferred from Reliance on Trade Secrets in Developing One’s Own Technology McDermott Will & Emery
Jan
30
2015
Statements Regarding Live Scientific Debate Still Subject to False Advertising Claim McDermott Will & Emery
Feb
28
2017
State Law Cannot Blur the Line Between Patents and Copyrights McDermott Will & Emery
Jan
29
2020
Failure to Mitigate Not a Complete Defense to Statutory Damages Under Copyright or DMCA McDermott Will & Emery
Nov
4
2020
First-to-File Rule Must Be Followed Unless Compelling Circumstances Justify Exception McDermott Will & Emery
Apr
21
2023
McDermottPlus Check-Up: April 21, 2023 McDermott Will & Emery
May
2
2014
Multivariate-Hedonic-Regression Damage Analysis Found to Be an Impermissible Rule of Thumb McDermott Will & Emery
Jun
19
2015
Eastern District of Texas Awards Relator $218 Million Despite Fifth Circuit Caution That Claims Not Likely Material or Based on False Certifications McDermott Will & Emery
Jan
29
2020
No Statutory Damages Even When Post-Registration Acts Violate a Different Exclusive Right from Pre-Registration Acts McDermott Will & Emery
Dec
2
2020
In WDTex, the Fight Escalates McDermott Will & Emery
Mar
17
2022
Self-Dealing Lawyer Held Jointly and Severally Liable in Trade Secret Misappropriation McDermott Will & Emery
Apr
21
2023
Tri-Agencies Address Preventive Services Coverage in The Wake of Braidwood McDermott Will & Emery
Jul
3
2011
Combining Disclosed Technology Can Be a Protectable Trade Secret McDermott Will & Emery
May
16
2012
Recent Case Highlights Split of Authority on Whether Corporate Agreements Can Amend Employee Benefit Plans McDermott Will & Emery
Oct
1
2014
The Squeaky Wheel Gets the Grease--You Won’t Get Fees if You Don’t Complain: Early Stragent, LLC v. Intel Corp. McDermott Will & Emery
Mar
26
2015
No Acquiescence Defense in Fifth Circuit Without Significant Investment in Reliance: Pennzoil-Quaker State Co. v. Miller Oil & Gas Operations McDermott Will & Emery
May
4
2016
Guidance Provided on Interplay of “Dormant” Commerce Clause and the 21st Amendment McDermott Will & Emery
Oct
30
2016
Federal Copyright Law Does Not Preempt Trade Secret Claim McDermott Will & Emery
Nov
29
2017
Government Appeals Defeat in Anti-Inversion Regulation Case McDermott Will & Emery
Dec
20
2019
Fifth Circuit Issues ACA Ruling, But Severability Question Remains McDermott Will & Emery
Dec
17
2020
Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight McDermott Will & Emery
Oct
7
2021
Federal Circuit to WD Tex.: Denial of Transfer Motion was Clear Error, Abuse of Discretion McDermott Will & Emery
Dec
16
2021
Fifth Circuit Brings Enforcement Back into the Mix: The Latest Court Moves with the CMS Vaccination Mandate McDermott Will & Emery
Mar
17
2022
Judge Albright Issues Another Round of Updated Patent Rules for WDTX McDermott Will & Emery
Jul
21
2022
Tableware Designer Gets Heavenly Results on Its Pearly Plates McDermott Will & Emery
Jun
30
2023
CEO Punches Ticket and Avoids Sanctions Based on Receiving Confidential Documents McDermott Will & Emery
 

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