Top 15 5th Circuit Employment Law Cases from 2016 & 2017

(144 Ratings)

Produced on: June 26, 2017

Course Format On Demand Audio

Taught by


Course Description

Time 91 minutes
Difficulty Intermediate

Representing clients — plaintiffs or defendants — in employment law cases is challenging, high stakes work, and citing the right cases can be the difference between winning and losing. Keeping up with all the latest employment law decisions from the U.S. Court of Appeals for the Fifth Circuit is not easy, but lawyers practicing employment law within the circuit cannot afford to fall behind.

This program will succinctly identify, crystallize, and put into context the top fifteen employment law cases from the Fifth Circuit during 2016 and 2017.  

Learning Objectives: 

  1. Learn about a new Fifth Circuit case that dramatically affects summary judgment practice in employment discrimination cases — presenting new challenges to defense lawyers, and opportunities for plaintiffs’ lawyers
  2. Gain insight into how the Fifth Circuit analyzes staffing companies’ liability for the discriminatory practices of their customers, as set out by the court in a case decided just months ago
  3. Get the scope on a 2016 Fifth Circuit case that grappled with an issue of first impression — the legal standard for protected conduct under Title VII’s anti-retaliation provision when a non-victim witness to alleged harassment is terminated because of what they reported — and see the surprising way the case turned out that could dramatically alter the landscape in retaliation cases for years to come
  4. Examine the Fifth Circuit’s ruling that a plaintiff who was caught peddling pornographic DVDs in the workplace — and who sought to thwart the employer’s investigation into the matter — was nevertheless fired in violation of Title VII’s anti-retaliation provision
  5. Find out about the three latest ADA cases from the Fifth Circuit — two that went the employee’s way, and one that went the employer’s way — and learn valuable teaching points that can be derived from each case

  6. Learn about a new Fifth Circuit case that rejected the so-called “Managers Rule” and found that summary judgment had been improperly granted for the employer in an FLSA retaliation case 


Mark Oberti

Oberti Sullivan LLP

Mark is intense and unrelenting. He’s always been that way. When he was 17 years old, Mark graduated from high school early to join the U.S. Army. He served three years in the Army, and was awarded two Army Achievement Medals and the Good Conduct Medal. After that, Mark earned his college degree from Wayne State University in Detroit in less than three years. Then, he attended the University of Houston Law Center, where he graduated in 1994, cum laude, Order of the Coif, and was in the top 10% of his graduating class. Mark is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization.

Mark is a highly effective advocate. His focus is always to get results for his clients. On behalf of employees, Mark has settled many cases for high six-figures and seven-figures. Mark has won more than fifty summary judgments and jury trials for both employees and employers (see Mark's Relevant Texas and Other Employment Law Experience). In 2013, Texas Lawyer magazine named him “Litigator of the Week,” after he won a $2.9 million jury verdict in an age discrimination case. In 2016, he and his partner won a significant jury verdict in an FLSA retaliation case. Mark has also argued and won numerous appeals. In 2017, he argued and won an appeal to the U.S. Court of Appeals for the Fifth Circuit in an ERISA severance benefits case, and his client was awarded $255,000.00, plus attorneys’ fees.

Mark’s peers have recognized him for practicing employment law at the highest level of the profession. Based on high feedback from his peers in the Houston legal community, the publication Best Lawyersawarded Mark the honor of 2018 Lawyer of the Year for Houston Litigation - Labor and Employment. Furthermore, every year since 2009 Mark has been recognized as a Super Lawyer, a Thompson Reuters service printed in Texas Monthly. In addition, each year since 2015, the same publication has recognized Mark as a “Top 100 Houston Super Lawyer,” and in 2017 the publication named him a "Top 100 Texas Super Lawyer."

Mark regularly handles claims for race discrimination, retaliation, sex discrimination, sex harassment, age discrimination, disability discrimination (ADA), whistleblower, FLSA (unpaid overtime and minimum wage), Sarbanes-Oxley Act retaliation, Dodd-Frank Act retaliation, trade secrets and covenants not to compete, breach of contract, and many other types of employment law claims. For an overview of Mark's employment law experience click here.

Mark is a prolific speaker on a wide variety of employment law topics. Mark regularly speaks at seminars across the country on retaliation and whistleblowing for a preeminent CLE provider, the National Employment Law Institute. More than 10,000 people have viewed Mark’s on-line employment law classes for Lawline, and given him very high “course ratings.” Mark is also a frequent commentator on employment law issues in The Houston Chronicle, and many of the cases he has handled have been covered by media outlets throughout America.


Cheryl Q.

very good speaker and manner

Brandi M.

Oberti is a great presenter. I really enjoyed this presentation.

Sesha K.

strong presentation

Jakki H.

Loved this presentation. The speaker was wonderful - he was very knowledgeable throughout, but it became even more entertaining as we got in to the second half and he loosened up a little.

Mattie A.


Melissa B.

Excellent speaker

Kevin B.

Out of all of the speakers on my Texas Employment Law bundle, this gentleman was by far the best speaker. While it's good to have experts on a panel, I've noted that in other presentations, they're sometimes pretty camera shy. This speaker kept my attention and I will keep an eye out for him on future CLEs.

Clark C.

Well done!

Martha A.

Very interesting!

Ingrid H.

Good discussion with a comprehensive discussion of the facts, which are critical in employment cases.

Erik K.

Good story telling for all the cases.

Gayle H.

Great presenter. Love his videos.

Joyce K.

Loved the presentation, humor much appreciated

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$ 89 Litigation and Labor & Employment Law In Stock


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