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Preliminary Injunctions › Labor Relations › Appeals

BakerHostetler

Whither Goes the NLRB? Recent Fifth Circuit Decision Portends Potential Meteoric Change in Labor Law

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In what may prove to be a watershed decision for the National Labor Relations Board (NLRB or the Board), the United States Court of Appeals for the Fifth Circuit, in Space Exploration Technologies Corporation v. National...more

Benesch

Fifth Circuit Expresses Significant Doubt on NLRB’s Constitutionality as Structured

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On August 19, 2025, the Fifth Circuit ruled on consolidated appeals stemming from preliminary injunctions sought by—and granted to—three companies challenging the National Labor Relations Board’s (“NLRB”) structure. ...more

Fox Rothschild LLP

5th Circuit Decision Could Encourage Employers to File Lawsuits to Escape NLRB Trials

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Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more

Constangy, Brooks, Smith & Prophete, LLP

Bad news for Wilcox? Removal protections for NLRB members, ALJs are “likely” unconstitutional, appeals court finds

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A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more

Bass, Berry & Sims PLC

Fifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely Unconstitutional

Bass, Berry & Sims PLC on

In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and...more

Littler

Fifth Circuit Upholds Injunction Because NLRB Structure is Likely Unconstitutional

Littler on

On August 19, 2025, in Space Exploration Tech. Corp. v. National Labor Relations Board, et al., a panel of the U.S. Court of Appeals for the Fifth Circuit upheld preliminary injunctions that had halted NLRB complaint...more

Vorys, Sater, Seymour and Pease LLP

Fifth Circuit Finds NLRB Structure Unconstitutional, Upholds Injunction

Vorys, Sater, Seymour and Pease LLP on

On Tuesday, August 19, the Fifth Circuit issued a highly anticipated decision upholding an injunction that prevents the National Labor Relations Board (“NLRB”) from prosecuting unfair labor practice cases against SpaceX, Aunt...more

Steptoe & Johnson PLLC

West Virginia Workplace Freedom Act: Free From Injunction

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During the 2016 Regular Session of the West Virginia Legislature, Senate Bill 1 – otherwise known as the “West Virginia Workplace Freedom Act” – became law after that Legislature overrode a gubernatorial veto on February 12,...more

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