Appellate | Labor & Employment

Experienced appellate attorneys in Jackson Walker’s Labor and Employment section stand ready to advocate for our clients’ interests at critical junctures in trial courts, when emergency relief is needed from a court of appeals, and when clients need relief from adverse final judgments. Our appellate lawyers include many who are Board Certified in Labor and Employment Law, who have had experience as federal appellate and trial court law clerks, and who are consistently ranked in “The Best Lawyers in America.”

Jackson Walker attorneys regularly argue before federal courts of appeals and the Texas Supreme Court and have briefed matters in the Supreme Court of the United States. We use our skill and experience to help clients when critical and precedent setting issues must be addressed, whether those issues are significant to a client’s business or an industry as a whole.

Our appellate attorneys also work closely with clients to align expectations and budgets in order to cost-effectively pursue our clients’ interests.

Practice Category

Texas State Capitol building-Texas Supreme Court in Austin

June 16, 2020

Texas Supreme Court Clarifies Standard for Qualifying for Workers’ Compensation Act’s Intentional-Injury Exception

The Texas Supreme Court recently clarified that the Workers’ Compensation Act’s intentional-injury exception applies only to situations where the employer purposefully causes injury or when the employer believes “that its actions are substantially certain to result in a particular injury to a particular employee, not merely highly likely to increase overall risks to employees in the workplace.”

Fifth Circuit Courthouse

May 18, 2020

The Fifth Circuit Returns Common Sense to the Law of Appellate Jurisdiction

The Fifth Circuit Court of Appeals has issued an en banc decision in Williams v. Taylor Seidenbach Incorporated that is designed to re-connect the law of federal appellate jurisdiction with common sense.

Fifth Circuit Courthouse

April 22, 2020

Fifth Circuit Comprehensively Analyzes the Exemption for Highly Compensated Employees

In Smith v. Ochsner Health System, the Fifth Circuit Court of Appeals addressed comprehensively for the first time the appropriate analysis of the Fair Labor Standards Act’s “highly compensated employee (HCE)” exemption from overtime pay.

March 28, 2019

Labor & Employment Dispatch: March 2019

The March 2019 edition features insights on two decisions in the Fifth Circuit Court of Appeals, a long-awaited revision to the Fair Labor Standards Act related to salary and compensation thresholds, and an interim guidance regarding Section 4960 of the Internal Revenue Code.

March 12, 2019

Fifth Circuit Reminds Practitioners of the Importance of Compliance With Appellate Notice Strictures When Appealing a Rule 54(B) Partial Judgment in a Case Involving Multiple Claims

In Johnson v. Ocwen Loan Servicing, L.L.C., the Fifth Circuit Court of Appeals reminded practitioners of a potential pitfall in the application of Rule 54(b).

March 7, 2019

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

The United States Court of Appeals for the Fifth Circuit interjected itself into this ongoing skirmish last week in Parrish v. Premier Directional Drilling, L.P.

February 14, 2019

Fifth Circuit Reminds Practitioners of the Importance of Compliance With the Strictures of Rule 50 When Submitting Motions for Judgment as a Matter of Law

In Puga v. RCX Solutions, Inc., the United States Court of Appeals for the Fifth Circuit recently reminded practitioners of Rule 50(a)’s expansive scope, and the corresponding hazard to a movant attempting to append a new argument in a post-verdict Rule 50(b) motion.

January 23, 2019

The Labor and Employment Horizon-2019

In Congress, the Supreme Court, and the Texas Legislature, employers can expect developments that will impact their policies and employee relations practices.

More Appellate | Labor & Employment News

  • Advise trial counsel on strategies for a possible appeal
  • Conduct oral argument on key trial court motions
  • Research and draft appellate briefs
  • File interlocutory appeals and petitions for mandamus
  • File petitions for or opposing state or U.S. Supreme Court review
  • Prepare amicus curiae briefs on significant matters

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