U.S. Fifth Circuit - The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog

November 2015 Archives

President Obama's immigration reform plans won't be coming to fruition anytime soon, thanks to a recent ruling by the Fifth Circuit. The court recently upheld an injunction against the immigration changes, finding that the Obama Administration was unlikely to win on the merits.

Twenty-six states, led by Texas, had sued over the planned immigration overhaul, which would have provided work visas and halted deportations for millions of immigrants. Despite the central role of the immigration debate in the lawsuit, however, the Fifth's ruling primarily dealt with standing and administrative law.

Coffee Barista's Don't Interact With Customers Enough for Tip Pooling

The Fifth Circuit reversed and remanded a decision by a Texas federal district court in a case that involved barista tips, Montano v. Montrose Restaurant Assoc.

The legal issue at bar was whether or not "coffeemen" (aka baristas) are lawfully entitled to a percentage customer tips under a restaurant's tip pooling arrangement. It turns out that it has little to with what you call them; it has more to do with the nature of their work.

5th Cir. Favors Worker Mobility Over Texas-Based Non-Compete Clauses

The Fifth Circuit unanimously rejected a Texas-based financial institution's argument that Texas' applied Selection Clause automatically subsumed Choice-of-Contract because allowing such an application would violate Oklahoma's public policy in favoring worker's right to earn a living.

The is noteworthy because it contrasts the two state's competing viewpoints of worker's rights. It also displays the Fifth Circuit's lively writing style.