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
20
2019
Counterproductive and Cost-Increasing Litigation Tactics Are Objectively Unreasonable in Section 285 Attorney Fee Award Analysis Mintz
Nov
19
2019
The Supreme Court Asks DOJ for Input on the Scope of Title VII Jackson Lewis P.C.
Nov
19
2019
Court Enforces Arbitration Agreement Incorporated Into “Notice to Employees” Carlton Fields
Nov
18
2019
Texas Magistrate Denies Motion for Attorneys’ Fees Incurred in Seeking Confirmation of Arbitration Award Carlton Fields
Nov
15
2019
Fifth Circuit Affirms Confirmation of Arbitration Ruling in Favor of Ameriprise Financial Carlton Fields
Nov
13
2019
Healthcare Employers’ Title VII Obligations in Harassment, Discrimination of Employees by Patients Jackson Lewis P.C.
Oct
31
2019
Federal Cases Offer Medicare-Enrolled Providers Possible Injunctive Relief from Recoupments While Awaiting Administrative Appeal Polsinelli PC
Oct
28
2019
Federal Court’s Refusal to Issue Injunction is Appealed as Plaintiffs Continue First Amendment Challenge Against Missouri’s Meat Labeling Laws Keller and Heckman LLP
Oct
24
2019
Are Bankruptcy Blocking Provisions in Corporate Governance Documents Enforceable? Mintz
Oct
24
2019
Court Finds Medical Bill Reimbursement Claim Subject to “Biblically-Based Mediation and Arbitration” Carlton Fields
Oct
23
2019
No E For Effort: FLSA Conditional Certification Fails Without Supporting Evidence Barnes & Thornburg LLP
Oct
18
2019
Implicit Bias and Disparate Impact Claims: A Primer for Employers (US) Squire Patton Boggs (US) LLP
Oct
15
2019
Not Another Puff Piece: The Difference Between Puffery and False Advertising ArentFox Schiff LLP
Oct
11
2019
Can a Settlement Agreement Be Converted to an Arbitration Award That is Enforceable Under the New York Convention? Mintz
Oct
7
2019
Ostriches Beware: Hiding Head in the Sand Causes Willful Blindness in Patent Infringement Womble Bond Dickinson (US) LLP
Oct
4
2019
Courts Continue to Hold Random/Sequential Number Generation is Required to Meet ATDS Definition Under TCPA Womble Bond Dickinson (US) LLP
Oct
4
2019
Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid of Foreign Commercial Arbitration (28 U.S.C. § 1782) Mintz
Oct
4
2019
From the Four Corners of the Pleading: Plaintiffs Cannot Rely On Factual Allegations Outside the Pleadings To Defeat a Motion to Dismiss Faegre Drinker
Oct
4
2019
District Court Compels Arbitration Citing Insurance Policy’s “Service-of-Suit” Provision Carlton Fields
Oct
4
2019
Fraternizing May Lead to Your Partner’s Promotion, Your Discharge, and Possibly a Lawsuit Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
1
2019
The Fifth Circuit Adopts An Expansive Reading Of Section 510(B); Subordinates Claim With ‘Equity Characteristics’ Mintz
Oct
1
2019
When Force Majeure is for Sure: The Business of Construction in Disaster-Prone Areas Jones Walker LLP
Sep
27
2019
Are Repair Costs Covered Damages Under a Liability Policy? Squire Patton Boggs (US) LLP
Sep
25
2019
US Fifth Circuit Affirms Dismissal of Seaman’s Slip and Fall Action Bracewell LLP
Sep
24
2019
Broad U.S. Discovery Now Available in Foreign Arbitrations Bracewell LLP
Sep
20
2019
Wither Marks v. Crunch: District Courts In Florida And Texas Hold Random Or Sequential Number Generation Is Required Exactly One Year After The Ninth Circuit’s Troubling Decision. Squire Patton Boggs (US) LLP
Sep
9
2019
Texas’ Anti-SLAPP Regime Does Not Apply in Federal Diversity Cases, Says the Fifth Circuit Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
6
2019
Federal Court Certifies Class in Multiple-Plan ERISA Challenge to Health-Plan and Retirement-Plan Fees McDermott Will & Emery
Sep
4
2019
Is it Legal to Maximize Value of Secondary Diagnosis Codes? Squire Patton Boggs (US) LLP
Aug
21
2019
Prominently Displayed, Fundamental Discrepancy In Benefits Triggered Contractual Limitations Period Proskauer Rose 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
Aug
15
2019
Fifth Circuit Determines That Louisiana Nonresident Attachment Statute Allows for Attachment in Aid of Arbitration Carlton Fields
Aug
13
2019
Court of Appeals Rules ICWA Constitutional Varnum LLP
Aug
12
2019
Fifth Circuit Squarely Rejects Challenge to ICWA Godfrey & Kahn S.C.
Aug
9
2019
Beltway Buzz, August 9, 2019 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 

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