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When Filing Suit in Federal Court, Don’t Forget the Key to the Courtroom Door

Formalism matters in federal court. One cannot obtain access to the courtroom without presenting the jurisdictional key to the courtroom door. A fundamental principle of subject matter jurisdiction is that parties asserting...more

Fifth Circuit Gets Out of the Implied Findings Business

Federal Rule 52(a) requires that when a district court conducts a bench trial, it is obliged to “find the facts specially.” In its recent significant decision in ENI US Operating Co., Inc. v. Transocean Offshore Deepwater...more

Fifth Circuit Reminds Practitioners of the Importance of Compliance With Appellate Notice Strictures When Appealing a Rule 54(B)...

Partial Final Judgments Under Rule 54(b). Rule 54 of the Federal Rules of Procedure authorizes a Court to enter judgment. It was amended early on specifically to address circumstances under which a “final judgment” could be...more

New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor...

Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more

Fifth Circuit Reminds Practitioners of the Importance of Compliance With the Strictures of Rule 50 When Submitting Motions for...

Through its establishment of “judgments as a matter of law,” Rule 50 of the Federal Rules of Procedure provides a mechanism by which a party can seek to obtain judgment at various points in a case after the trial begins, and...more

Preview of Employment Cases Pending Before the Supreme Court

The United States Supreme Court began its 2018 term on Monday, October 1. So far, it has agreed to review three employment cases: Lamps Plus v. Varela; New Prime v. Oliveira; and Mt. Lemmon Fire Dist. v. Guido. These cases...more

Latest Developments in Arbitration for the Construction Law Practitioner

G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate - By far, the most recent, significant arbitration development for construction law practitioners was the...more

Interplay Between Texas Workers' Compensation Law and Federal Family Medical Leave Act: Texas Supreme Court Addresses Impact of...

On December 4, 2015, the Texas Supreme Court provided significant guidance for employers by clarifying the relationship between the Texas Worker’s Compensation Act and the federal Family Medical Leave Act ("FMLA") in...more

Declaration of (In)Dependence? New Department of Labor Guidelines on Lawful Classification of Workers as Independent Contractors

The United States Department of Labor (DOL) has fired a new salvo in its war on worker misclassification in the form of Administrator's Interpretation 2015-1, which challenges the widespread employer practice of declaring the...more

Accommodating Religious Practices in the Workplace: Time to Check Those Dress Codes

Use of a Dress Code Gone Bad - Employers catering to the public, or relying upon in-person customer contacts to promote their businesses, have frequently established employee "dress codes" to regularize the appearance of...more

Hot Employment Topics For 2014- Part VII: Same-Sex Workplace Harassment-The Hazards of a "Boys Will Be Boys" Policy

This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment." The United States Court of Appeals for the Fifth Circuit recently...more

Hot Employment Topics For 2014-Part VI: Employees' Use Of Marijuana

This is the sixth of a seven-part series describing "Hot Employment Topics for 2014." Part VI focuses upon "Use of Marijuana in the Workplace." Recent publicity about the enactment of laws in several states legalizing...more

Hot Employment Topics For 2014 Part V: Use Of Arrests And Convictions In The Employment Process

This is the fifth of a seven-part series describing "Hot Employment Topics for 2014." Part V focuses upon "Use of Arrests and Convictions in the Employment Process." One hot topic in 2014 will be the issue of employer...more

Hot Employment Topics For 2014 Part II: After The Defense Of Marriage Act? Implications For Employee Benefits

This is the second of a seven-part series describing "Hot Employment Topics for 2014." Part II focuses upon "The Aftermath of the Demise of the Defense of Marriage Act." The United States Supreme Court in 2013 struck...more

Hot Employment Topics for 2014 - Part I: The New World of Disabilities Discrimination

This is the first of a seven-part series describing "Hot Employment Topics for 2014." Part I focuses upon "The New World of Disabilities Discrimination."...more

"Boys will be Boys" A Risky Employment Policy

In a 10-6 decision following en banc review, the United States Court of Appeals for the Fifth Circuit recently decided, in Equal Employment Opportunity Commission v. Boh Brothers Construction Co. L.L.C., that an iron worker...more

Supreme Court Decides Important Employment Issues: Who is a "Supervisor" for Assessing Workplace Harassment Claims and What Test...

INTRODUCTION. The U.S. Supreme Court has issued two significant employment decisions: Vance v. Ball State University (addressing the issue of who is properly called a "supervisor" when assessing workplace harassment claims);...more

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