Starbucks’ Challenge to NLRB Ruling Splits Fifth Circuit Judges

Feb. 2, 2026, 9:35 PM UTC

A federal appeals court appeared divided over Starbucks Corp.’s challenge to a National Labor Relations Board decision that the company illegally fired a worker for his union activities.

A Clinton-appointed judge on the US Court of Appeals for the Fifth Circuit suggested the company was asking too much to have the panel reconsider a mass of evidence that was examined by an administrative law judge and then the NLRB.

“I’m not anti-Starbucks or whatever, it’s just a tall hill to have an appellant come in—there’s been a full round with an ALJ, a full round with the board, there’s evidence ...

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