The Supreme Court’s decision in Trump v. CASA left the legal world grappling with a number of questions about the scope of relief available to plaintiff—some new, some old. One old question at the heart of the debate between Justices Barrett and Jackson: to what extent is a plaintiff who alleges her rights have been violated […]
In NLRB v. AllService Plumbing & Maintenance, Inc., a divided Fifth Circuit panel held that the NLRB could not revive a 2013 order that the Board had previously abandoned. The NLRB’s underlying complaint alleged, inter alia, that the defendant had laid off several employees due to anti-union animus. The NLRB adopted an order that largely […]
In Texas Public Policy Foundation v. United States Department of State, the Fifth Circuit held that the State Department must disclose the names and email addresses of rank-and-file employees pursuant to a FOIA request. The opinion, written by Judge Wilson, forces the Trump Administration to choose whether to take its pitch to the Supreme Court. […]
The Trump Administration has ushered in a new regulatory landscape in the Fifth Circuit. It is relatively peaceful, as most new litigants have brought their claims in forums perceived to be more liberal than that court (which has long been dominated by Republican-appointed judges). As Damonta Morgan and I continue to bring you the latest […]
The en banc Fifth Circuit released some zingers ahead of the holiday season. In Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp., the court of appeals issued a one-paragraph per curiam opinion—accompanied by 166 pages of concurrences and dissents—blessing a $14.25 million civil penalty against ExxonMobil. The showdown largely focused on standing. Appellate geeks may […]