The exception swallowed the rule. The Fifth Circuit essentially overruled the judicially-created voluntary-involuntary limitation to remove a case post-suit based on federal diversity jurisdiction in Advanced Indicator and Manufacturing, Inc. v. Acadia, 50 F.4th 469, 474 (5th Cir. 2022). Accordingly, this means that if you represent a diverse defendant in a state court case,
Did the 5th Circuit’s ruling in Sanchez clarify the definition of “seaman” or just muddy the waters?
The Longshore and Harbor Workers’ Compensation Act (“LHWCA”) and the Jones Act are the two statutory recovery schemes available to injured maritime workers. Under the Jones Act, a “seaman” is entitled to recover certain damages from his Jones Act employer. Under the LHWCA, a “longshoreman” recovers under a federally managed workers’ compensation program. The Jones
En Banc Fifth Circuit Rules That Highly Compensated Offshore Day Rate Worker Is Not Overtime Exempt
The federal Fair Labor Standards Act (“FLSA”) provides for the payment of overtime at the rate of one and a half times an employee’s regular rate of pay for each hour worked in excess of 40 during a 7-day workweek. There are a number of exemptions to the FLSA’s overtime pay requirements, the details of