Mark Twain was right: It’s not what you don’t know that hurts you, it’s what you think is so that isn’t. Here’s one of those widely held but false beliefs: The 5th U.S. Circuit Court of Appeals is solidly, 100 percent, bet-the-farm employer-oriented.
Not true. Here’s what the 5th Circuit is really thinking: Mr. and Mrs. Plaintiff, bring us the right case, and keep the money the jury awarded. Just stop bringing us junk. While the 5th Circuit purportedly is one of the most conservative circuits, drilling down into four of its recent cases shows something else.
