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.

Custom text Title Organization
May
29
2019
SCOTUS Grants Cert to Resolve Circuit Split on Safe Berth Warranty: Guarantee of a Ship’s Safety or Due Diligence? Jones Walker LLP
May
20
2019
Destination Arbitration: Court Holds Service-Of-Suit Clause Does Not Conflict With Policy’s Arbitration Requirement Carlton Fields
May
8
2019
Inadmissible Hearsay Will Not Create Genuine Issue of Fact Regarding Whether Plaintiff Revoked Consent Faegre Drinker
May
7
2019
Update to Texas v. United States: DOJ Files a Brief in Support of Eliminating the ACA Sheppard, Mullin, Richter & Hampton LLP
May
2
2019
Attorneys Beware: Federal Court Reinstates Aiding and Abetting Breach of Fiduciary Duty Claim Against Law Firm Squire Patton Boggs (US) LLP
Apr
29
2019
The TCPA and Human Memory: New Ruling Shows How Convenient Memories Often Make for Large-Dollar Lawsuits in TCPAWorld Troutman Amin, LLP
Apr
26
2019
Willful False Advertiser not Subject to Disgorgement of Profits or Injunctive Relief McDermott Will & Emery
Apr
24
2019
Dueling Declaratory Judgment Suits Result in a Dismissal and Boomerang Transfer Back to the First-filed Forum Under TC Heartland Mintz
Apr
18
2019
Texas Health System MD Anderson Seeks 5th Circuit Review of HHS Determination that HIPAA Required Encryption of its ePHI Robinson & Cole LLP
Apr
15
2019
A Review of Recent Whistleblower Developments: April 15th Foley & Lardner LLP
Apr
15
2019
Texas Supreme Court Expands Upon the Rights of Oil and Gas Producers to Deduct Post-Production Costs in Burlington Resources Oil & Gas Company, L.P. v. Texas Crude Energy, LLC Bracewell LLP
Apr
8
2019
Cooperation Clause: Can My Insurance Company Force Me to Settle? Barnes & Thornburg LLP
Mar
29
2019
Fifth Circuit Opinion Provides Most Recent Overview of “Borrowed Employee” Test for Offshore Platform Workers Jones Walker LLP
Mar
29
2019
Circuits Play Jurisdictional Hot Potato with Walker Process Claim McDermott Will & Emery
Mar
25
2019
Fifth Circuit Holds Directional Drillers Are Independent Contractors Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
20
2019
Texas Federal Court Continues Stay of Trade Groups’ Lawsuit Challenging CFPB Payday Loan Rule and Stay of Compliance Date Ballard Spahr LLP
Mar
18
2019
Fifth Circuit hears oral argument in All American Check Cashing Ballard Spahr LLP
Mar
13
2019
Get Outta Here: Court Finds No Personal Jurisdiction Over Defendants Who Contracted With Company That Placed Calls To Individuals In The Jurisdiction Squire Patton Boggs (US) LLP
Mar
11
2019
CFPB does not seek lifting of stay of compliance date for payday loan rule’s payment provisions in new status report filed in trade groups’ lawsuit Ballard Spahr LLP
Mar
11
2019
Fifth Circuit Rules No Notice of Collective Actions for Employees With Arbitration Agreements Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
11
2019
Fifth Circuit Affirms Dismissal of Former VP’s SOX Claim as Unreasonable Polsinelli PC
Mar
7
2019
Reasonable Cause for E-Filing Errors? McDermott Will & Emery
Mar
4
2019
Fifth Circuit Affirms Summary Judgment on SOX Whistleblower Claim Proskauer Rose LLP
Mar
4
2019
Fifth Circuit Upholds Independent Contractor Status for Highly Skilled Energy Industry Consultants Bracewell LLP
Feb
28
2019
Fifth Circuit Schools Plaintiff on Likelihood of Confusion McDermott Will & Emery
Feb
28
2019
Fifth Circuit Affirms Orde Compelling Arbitration of Employment Discrimination Claims by Physician Against Medical Center Carlton Fields
Feb
27
2019
Fifth Circuit Rules District Court Erred in Ordering Notice of Collective Action to Employees who Signed Arbitration Agreements Jackson Lewis P.C.
Feb
26
2019
Gardner v. CLC of Pascagoula, LLC –What Constitutes “Severe and Pervasive” Conduct With Respect to “Third-Party Harassment”? Proskauer Rose LLP
Feb
14
2019
Four Circuits Agree: Regular and Reliable Attendance is an Essential Job Function Polsinelli PC
Feb
11
2019
Supreme Court Update: June Medical Services v. Gee (No 18A774), Dunn v. Ray (No. 18A815) Wiggin and Dana LLP
Jan
28
2019
Oral Argument Calendared for March 12 in All American Check Cashing case Ballard Spahr LLP
Jan
23
2019
The Fifth Circuit Holds Bankruptcy Code Can Impair Claims and Make-Whole Provision May Not Be Enforceable Bracewell LLP
Jan
10
2019
U.S. Supreme Court Rejects ‘Wholly Groundless’ Exception to Delegation Clauses in Arbitration Agreements Sheppard, Mullin, Richter & Hampton LLP
Jan
9
2019
Significant 2018 Trademark Decisions Mintz
Jan
3
2019
Appellate Courts Agree: Regular, Reliable Attendance Is Essential Function of Most Jobs Jackson Lewis P.C.
 

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