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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Nov
4
2020
First-to-File Rule Must Be Followed Unless Compelling Circumstances Justify Exception McDermott Will & Emery
Oct
30
2020
Undue Burden! Another Court Denies Motion to Compel Burdensome Production Squire Patton Boggs (US) LLP
Oct
27
2020
Fifth Circuit Holds that Private FLSA Settlement With Union Bars Future FLSA Claims Hunton Andrews Kurth
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
Oct
20
2020
Are Antitrust Claims Against Licensors of Standard Essential Patents Dead On Arrival? Proskauer Rose LLP
Oct
20
2020
Retailers in Texas Beware – Waco is Open for Business for Patent Cases Hunton Andrews Kurth
Oct
20
2020
TCPA Litigation Update — District Court Rules TCPA Unconstitutional from 2015 to 2020 Mintz
Oct
19
2020
The Long Arm of OCSLA Extended by the Fifth Circuit in Mays v. Chevron Jones Walker LLP
Oct
8
2020
“Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit McDermott Will & Emery
Oct
7
2020
First-of-its-Kind Decision Rejects Liability for Calls Made Before Supreme Court Cured TCPA’s Unconstitutionality by Invalidating Debt-Collection Exception Faegre Drinker
Oct
7
2020
TCPA Quick Hitter: Yes, Debt Collectors Can Call Still Call Numbers Supplied to Creditors as Part of Underlying Transaction Troutman Amin, LLP
Oct
7
2020
Federal Authority for Offshore Aquaculture Reappears on the Horizon Beveridge & Diamond PC
Oct
5
2020
The Impact of COVID-19-Related Factors on Courts’ Enforcement of Employee Post-Employment Restrictive Covenants Faegre Drinker
Oct
5
2020
Incomplete Doesn’t Always Mean Inaccurate: Fifth Circuit “Hammers” In Denial of Plaintiff’s Complaint Squire Patton Boggs (US) LLP
Oct
5
2020
Federal Appeals Court Hands Down Important Ruling in Overtime Exemption Lawsuit Buckfire Law
Oct
2
2020
CLEAN SLATE?: New Decision Suggests the Nation’s Robocallers May Be Off the Hook Troutman Amin, LLP
Oct
2
2020
WOAH!: Court Holds TCPA Unconstitutional as Applied to Calls Made Before July 6, 2020 and Our Minds Are All the Way Blown Troutman Amin, LLP
Oct
2
2020
COVID-19 Related Workplace Deaths: Preparedness and Implementation is Key Barnes & Thornburg LLP
Sep
24
2020
Texas District Courts Remain Divided on Standing for Single-Text TCPA Plaintiffs Faegre Drinker
Sep
24
2020
Talking Through the DOL’s Proposed Prohibited Transaction Exemption, Episode 4: Litigation Risks Faegre Drinker
Sep
23
2020
The US First, Fifth, and Sixth Circuits Render Recent Decisions That Analyze the Enforceability of Restrictive Covenants in Employment Agreements, Teaching Employers Some Valuable Lessons Jones Walker LLP
Sep
22
2020
Clash of Game Companies: Lessons learned from GREE and Supercell Dispute Sheppard, Mullin, Richter & Hampton LLP
Sep
22
2020
Fifth Circuit Affirms Attorney’s Fee Award of $2.3 million in Misappropriation Case Against Former Employee who Failed to Comply with Court’s Objections Order Sheppard, Mullin, Richter & Hampton LLP
Sep
17
2020
Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice Mintz
Sep
16
2020
Fifth Circuit Affirms Dismissal FCRA Claims Based on Failure to Include a Single Credit Item on Credit Reports Womble Bond Dickinson (US) LLP
Sep
15
2020
At it Again: Repeat-Player Cunningham Earns Another Huge TCPA Victory- Court Finds Receipt of Missed Debt Collection Call Affords Article III Standing Troutman Amin, LLP
Sep
11
2020
Fifth Circuit Concludes Employees Must Prove That a Bonus Payment Should Be Included in FLSA Regular Rate Epstein Becker & Green, P.C.
Sep
11
2020
Sixth Circuit Calls NLRB-Ordered Public Notice Reading Into Question Barnes & Thornburg LLP
Sep
8
2020
Fifth Circuit Creates Circuit Split on FLSA’s “Regular Rate” Burden, Addresses Inclusion of Bonuses Jackson Lewis P.C.
Sep
8
2020
Fifth Circuit Confirms Burden of Proof on Regular Rate Miscalculation Claim Proskauer Rose LLP
Sep
4
2020
TCPA Quick Hitter: Court Transfer Case to District Where Calls Were Made From- Even Though Neither the Plaintiff nor the Defendant Resides There Troutman Amin, LLP
Sep
3
2020
Arbitrability of TCPA Claim is up to Arbitrator Squire Patton Boggs (US) LLP
Aug
31
2020
Arbitrability, Delegation, Carve-outs and Estoppel: SCOTUS Says “Welcome Back, Henry Schein” Mintz
Aug
31
2020
Can a Trustee Prosecute Fraudulent Transfer and Tortious Interference Claims if No Event of Default Has Occurred? Faegre Drinker
Aug
27
2020
Texas Federal Court’s Denial of Barber Shops’ COVID-19 Claims Lacks Body and Style Hunton Andrews Kurth
 

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