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Corr Flight S. v. Department of Labor — 5th Cir. (Aug 6, 2026)

No. 25-60286 Argued August 6, 2026 Published August 10, 2026; updated August 21, 2026

The Fifth Circuit hears Corr Flight versus the Department of Labor. The Labor Department's Administrative Review Board upheld an award to pilot Colin DeBuse under AIR 21, the federal law protecting airline workers who report safety violations. The board found that DeBuse's refusal to train with a captain he considered unsafe was protected activity and contributed to his unpaid suspension. Corr Flight asks the court to set that ruling aside. The case also asks whether protections against removing the administrative law judge who heard the claim were unconstitutional and, if so, what remedy follows. Sterling Kidd of Baker Donelson represents Corr Flight. He will argue that the refusal was not protected, the board lacked substantial evidence, and the removal defect requires a new hearing. Karla Jackson Edwards represents the Secretary of Labor. She will argue that Corr Flight raised its constitutional challenge too late and that substantial evidence supports the board. Substantial evidence means enough relevant evidence for a reasonable person to accept the agency's conclusion.

Corr Flight S. v. Department of Labor (No. 25-60286) — U.S. Court of Appeals for the Fifth Circuit, argued August 6, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Fifth Circuit (public domain, 17 U.S.C. § 105):https://www.ca5.uscourts.gov/OralArgRecordings/25/25-60286_08-06-2026.mp3
Argument listing — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/oral-argument-recordings/results?from=2026-08-06&to=2026-08-06
Argument calendar — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/court-calendars/sitting?d=2026-08-06
DeBuse v. Corr Flight S. case record — U.S. Department of Labor:https://www.dol.gov/agencies/oalj/PUBLIC/WHISTLEBLOWER/REFERENCES/CASELISTS/AIRLIST2
AIR21 substantial-evidence standard — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/opinions/pub/14/14-60061-CV0.pdf
SpaceX v. NLRB — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/opinions/pub/24/24-50627-CV0.pdf
Sterling Kidd profile — Baker Donelson:https://www.bakerdonelson.com/sterling-kidd
Sterling Kidd — Lawyers for Civil Justice:https://www.lfcj.com/fellows

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