News & Analysis as of

Zone of Interests Appeals

Farrell Fritz, P.C.

Lack of Standing Is Fatal To Challenge

Farrell Fritz, P.C. on

Standing is a threshold issue in challenges to administrative decisions. Prior blog posts have dealt with standing in cases involving challenges to local land use and zoning decisions. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims

In Pineda v. JTCH Apartments, L.L.C. (No. 15-10932, December 19, 2016), the Fifth Circuit Court of Appeals joined the Sixth and Seventh Circuit Courts of Appeals in holding that an employee may recover for emotional distress...more

Seyfarth Shaw LLP

Fifth Circuit Approves Emotional Distress Damages and Invites FLSA Retaliation Plaintiffs to Sit on Freudian Couch

Seyfarth Shaw LLP on

Resolving a split in the lower courts and deciding an issue of first impression for the Court, the Fifth Circuit earlier this week held that prevailing plaintiffs in FLSA retaliation cases may recover emotional distress...more

Proskauer - Law and the Workplace

Fifth Circuit Joins Sister Circuits in Holding That Employees May Recover Emotional Distress Damages in FLSA Retaliation Suits

On December 19, 2016, the Fifth Circuit joined the Sixth and Seventh Circuits in holding that “employees” under the FLSA may recover emotional distress damages in FLSA retaliation actions, finding that the district court...more

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