FOLLOW US

Mon

August 3, 2026

America December 3, 2025 3 mins read

Fifth Circuit Casts Doubt on NLRB’s Authority in NLRB Starbucks Subpoenas Clash

America ı By Rihem Akkouche

0 Comments

NLRB Starbucks Subpoenas

A Fifth Circuit panel signaled deep skepticism Tuesday toward the National Labor Relations Board’s push to brand Starbucks Corp. with a labor-law violation over what the agency says were sweeping, overreaching subpoenas aimed at pro-union employees—an approach one judge likened to a “liability trap.”

Judges Question Whether the Board Is Manufacturing Fault

U.S. Circuit Judge Stephen Higginson pressed the board’s stance, suggesting it defied common sense: Starbucks asks the government to issue a subpoena, and then the same government penalizes it for the very request it authorized. The NLRB claims Starbucks violated the National Labor Relations Act by issuing subpoenas seeking recordings of store management in La Quinta, California, along with workers’ communications.

“This feels like we’re transforming a simple discovery rule into a preset liability trap,” Judge Higginson said, underscoring his concern that the NLRB was stretching its enforcement powers.

An administrative law judge had dismissed every charge in the original labor dispute. But that didn’t stop the NLRB from circling back, launching a second attempt to prosecute Starbucks—this time based solely on the subpoenas themselves. Judge Higginson noted that the board had already succeeded in quashing the subpoenas in the underlying case.

NLRB Defends Rule Against Overbroad Subpoenas

Jared Odessky, arguing for the NLRB, maintained that without constraints on overly broad subpoenas, employers could pry into workers’ private lives without consequences. But the judges were unconvinced.

Higginson pointed out that the subpoenas, commanding workers to appear before the administrative judge, bore the NLRB’s own seal. Starbucks argued that it had relied on the agency’s process—only to be punished for using it.

“It’s hard to see how a board-issued subpoena becomes the employer’s wrongdoing,” Higginson said.

Odessky countered that while the subpoena came through the board’s machinery, Starbucks initiated it, and the action had “a chilling effect” on workers involved in the dispute.

Starbucks Says the Board Is Rewriting the Rules

Representing Starbucks, Amy Mason Saharia of Williams & Connolly LLP accused the NLRB of inventing a “per se test” that turns ordinary discovery friction into an automatic unfair labor practice. She told the panel that the board’s stance effectively weaponizes routine information-gathering.

Should the Court Draw New Boundaries?

U.S. Circuit Judge Leslie H. Southwick asked whether, if the court finds subpoenas can constitute unfair labor practices, the panel should spell out what factors would qualify. Saharia agreed that outlining those circumstances would help prevent future overreach.

The panel included U.S. Circuit Judges Leslie H. Southwick, Stephen A. Higginson and Dana M. Douglas.

Counsel and Representation

Starbucks Corp. is represented by Lisa Blatt, Amy Mason Saharia and Claire R. Cahill of Williams & Connolly LLP, and by Jeffrey S. Hiller and Jonathan O. Levine of Littler Mendelson PC.

The National Labor Relations Board is represented internally by Elizabeth A. Heaney, Jared H. Odessky, William B. Cowen, Stephanie Cahn, Peter Sung Ohr, Ruth E. Burdick and Meredith Jason.

Workers United, participating as an intervenor, is represented by Robert S. Giolito of the Law Office of Robert S. Giolito PC, along with Elizabeth Grdina, Michael P. Ellement and Charlotte Schwartz of James & Hoffman PC.

Previous Article

Fiat Chrysler Seeks Pause in EV Fire Suit as Arbitration Battle Takes Center Stage

Read More
4427 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 01, 2026
Westinghouse Electric Files for IPO
By – Rihem Akkouche
America July 31, 2026
Kean University Hit With Class Claims Over Data Breach
By – Rihem Akkouche
America July 31, 2026
Space-Eyes to Go Public in $638 Million SPAC Merger
By – Rihem Akkouche
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 31, 2026
Alimentation Couche-Tard Inks $8.6B Deal For…

Alimentation Couche-Tard Inc. just made its boldest move yet, announcing…

By – Rihem Akkouche
America July 31, 2026
Netflix sued for $105M over stolen…

An unreleased World War II spy film starring Nicolas Cage…

By – Rihem Akkouche
America July 31, 2026
Sainsbury to Sell Argos for £120m…

Sainsbury’s has finally reached the finish line on something it’s…

By – Rihem Akkouche
High Profile Court Cases July 31, 2026
Colin Gray Gets 15 Years After…

Colin Gray received a 15-year prison sentence Thursday, far below…

By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces

The Scouting America diversity rollback has reached the organization’s National…

By – Michallie Harrison
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 30, 2026
Show Me the Money: Accuser in…

INSIDE THIS REPORT Aleksandra Vasilevna Mendoza is pushing Kick to…

By – Samuel Lopez
America July 30, 2026
Kohberger Gets New Taxpayer-Funded Lawyer as…

INSIDE THIS REPORT Kohberger has been appointed counsel for post-conviction…

By – Samuel Lopez
America July 30, 2026
Milwaukee Lawyer Gets 21 Years After…

INSIDE THIS REPORT — A Milwaukee jury convicted attorney Robert L.…

By – Samuel Lopez
America July 30, 2026
AI-Assisted Pro Se Litigant Faces Off…

INSIDE THIS REPORT A pro se plaintiff using AI tools…

By – Samuel Lopez
America July 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Disney and James Cameron Move to…

INSIDE THIS REPORT Disney says Neytiri was modeled on Zoe…

By – Samuel Lopez
America July 30, 2026
Amish Community Murder: Ohio Man Pleads…

An Amish Community murder case which stunned Ohio has ended…

By – Jackie Allen
America July 30, 2026
E. Jean Carroll Case: Trump Asks…

President Donald Trump has asked the U.S. Supreme Court to…

By – Jackie Allen
America July 29, 2026
Netflix Releases The Idaho Murders: College…

BOISE, Idaho — The Idaho Murders: College Nightmare is a…

By – Jackie Allen
America July 28, 2026
Lindsey Graham Remembered by Trump as…

 WASHINGTON — President Donald Trump remembered Lindsey Graham as a…

By – Jackie Allen
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 26, 2026
Kacy Corso Pleads in the Stony…

Kacy Corso, 34, of East Setauket, pleaded guilty in July…

By – Jackie Allen
America July 26, 2026
Kaylee Hottle Dies at 18 After…

Kaylee Hottle, a rising deaf actress celebrated for her breakthrough…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Lululemon Murder: Part II — Forensic…

Editor’s Note: This is Part II of an ongoing series…

By – Jackie Allen
America July 24, 2026
Lululemon Murder: Brutal Killing of Jayna…

More than 15 years after a young retail manager was…

By – Jackie Allen
America July 30, 2026
Disney and James Cameron Move to…

INSIDE THIS REPORT Disney says Neytiri was modeled on Zoe…

By – Samuel Lopez
America July 30, 2026
Defense Lawyers Warned: Use AI or…

INSIDE THIS REPORT Defense lawyers are being urged to adopt…

By – Samuel Lopez
America July 30, 2026
Could Diddy Still Cooperate? Federal Law…

INSIDE THIS REPORT A federal prison sentence does not necessarily…

By – Samuel Lopez
Entertainment July 29, 2026
Children of Blood and Bone Author…

Paramount Pictures is promoting the Children of Blood and Bone…

By – Michallie Harrison
America July 29, 2026
Grant Thornton To Buy CBIZ in…

In a move poised to redraw the map of the…

By – Rihem Akkouche
America July 29, 2026
Avi Loeb, Trump’s Handpicked UFO Chief,…

Inside This Report Avi Loeb once petitioned the United Nations…

By – Samuel Lopez
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen
America July 20, 2026
Hannah Rapp Dies at 26 After…

 Hannah Rapp, a rising professional boxer who earned a shot…

By – Jackie Allen
America July 19, 2026
World Cup Thriller: England Outlasts France…

World Cup history gained another unforgettable chapter Saturday as England…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter