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
3
2016
Scalia’s Supreme Court Vacancy - Impact on the 5th Circuit and Circuit Court Splits Part 2 of 2
Nov
9
2021
Lawsuits Portend Uncertain Future for New OSHA Vaccination Rule Sills Cummis & Gross P.C.
Oct
26
2017
Farewell to the U.S. Department of Labor’s Final Rule Much Shelist, P.C.
Mar
26
2010
Receivers at the Crossroads: Fees May Be at Risk in Bankruptcy Cases Much Shelist, P.C.
Nov
19
2010
Fifth Circuit Rejects Section 10(B) Scheme Liability in Absence of Explicit Attribution of Conduct or Statements to Defendant Sheppard, Mullin, Richter & Hampton LLP
Jan
10
2019
U.S. Supreme Court Rejects ‘Wholly Groundless’ Exception to Delegation Clauses in Arbitration Agreements Sheppard, Mullin, Richter & Hampton LLP
Feb
10
2023
Another Win for Providers: Texas Federal District Court Again Vacates Independent Dispute Resolution Rule for the No Surprises Act Sheppard, Mullin, Richter & Hampton LLP
Aug
17
2023
Fifth Circuit Rules to Reinstate Abortion Pill Restrictions Sheppard, Mullin, Richter & Hampton LLP
Feb
9
2024
Bank Groups Sue to Overturn New Community Lending Rules Sheppard, Mullin, Richter & Hampton LLP
May
13
2020
Fifth Circuit Holds that Law Firm Cannot Claim Privilege Over Client Identity in IRS Probe Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2023
Early 2023 Update: Where Are Plaintiffs Filing Patent Cases Now? Sheppard, Mullin, Richter & Hampton LLP
Nov
24
2016
Texas Federal Court Blocks New Salary Restrictions for Exempt Employees Sheppard, Mullin, Richter & Hampton LLP
Dec
23
2019
Update to Texas v. United States: Fifth Circuit Strikes Individual Mandate, Remands on Severability Sheppard, Mullin, Richter & Hampton LLP
Feb
1
2021
Fifth Circuit Shuts Down FLSA Conditional Certification Sheppard, Mullin, Richter & Hampton LLP
Aug
22
2023
Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2013
$2.3 Million Trial Verdict Against Newegg Sheppard, Mullin, Richter & Hampton LLP
Aug
16
2011
Fifth Circuit Rejects Per Se Rule That Recharacterization Applies Only To Insiders Sheppard, Mullin, Richter & Hampton LLP
Oct
9
2013
Cloning Decision Could Lead to Copycat Litigation in the World of Racing Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2013
Fifth Circuit Upholds The Validity Of Class-Action Waivers In Arbitration Agreements Sheppard, Mullin, Richter & Hampton LLP
May
15
2020
Fifth Circuit: Client Identity Not Privileged in IRS Probe Sheppard, Mullin, Richter & Hampton LLP
Jul
18
2010
United States District Court For The Southern District Of Texas Deprives Battlefield Contractors Of The Protections Of The Defense Base Act Sheppard, Mullin, Richter & Hampton LLP
Jun
11
2014
EIR Air Quality Analysis Insufficient: Lack of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, and Evidence Supporting Measures’ Effectiveness in Substantially Reducing Air Quality Impacts Blamed Sheppard, Mullin, Richter & Hampton LLP
Feb
8
2021
What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year? Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2013
Lenders Beware -- Fifth Circuit Has Lowered the Bar for Cramdown Plan Confirmation Sheppard, Mullin, Richter & Hampton LLP
Oct
28
2014
Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2023
Federal Court Issues Nationwide Injunction of CFPB’s Small Business Lending Rule Sheppard, Mullin, Richter & Hampton LLP
Apr
19
2018
Title VII In Transition? Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals Sheppard, Mullin, Richter & Hampton LLP
May
9
2022
SCOTUS to Determine Whether Highly Compensated Employees Are Entitled to Overtime Pay Sheppard, Mullin, Richter & Hampton LLP
Mar
17
2011
First Section 2 Monopolization Case Of the Obama Administration Targets Dominant Texas Health Care Provider Sheppard, Mullin, Richter & Hampton LLP
Aug
20
2019
Fifth Circuit Affirms Enron Broker Not Liable to Employee Stock Option Holders for False or Withheld Information Sheppard, Mullin, Richter & Hampton LLP
Nov
7
2023
Caught in the Web: Hospital Associations Sue OCR on Third-Party Web Tracking Guidance Sheppard, Mullin, Richter & Hampton LLP
Nov
17
2016
Unpersuasive: Federal Judge Invalidates DOL’s New Persuader Rule Sheppard, Mullin, Richter & Hampton LLP
Dec
19
2018
Texas v. United States: Texas Federal Court “Strikes Down” the ACA Sheppard, Mullin, Richter & Hampton LLP
Jul
27
2019
Title VII Reversal: Fifth Circuit Holds No Transgender Protections Under Civil Rights Statute Sheppard, Mullin, Richter & Hampton LLP
Aug
25
2020
Fifth Circuit Affirms Dismissal Section 14(a) Complaint For Failure to Plead Facts Demonstrating Alleged Omissions from Proxy Statement Were Misleading Sheppard, Mullin, Richter & Hampton LLP
 

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