Western District of Texas

Many discrimination cases lose on motions for summary judgment. In Gutierrez v. City of Converse, No. 17-CV-01233-JKP (W.D. Tex. Jan. 10, 2020), the Western District denied in part and granted in part the City of Converse’s Motion for Summary Judgment. Ms. Gutierrez worked for the Converse Fire Department for eight years when she was

Freshub sued Amazon in 2019 for patent infringement. Freshub produces smart kitchen appliances. But, in 2021, Freshub lost its trial in Waco federal court. Freshub’s lawyers then filed a motion seeking a new trial. Freshub alleged the evidence did not support the jury’s verdict. As part of its motion, it accused Amazon’s lawyers of engaging

Three former employees of the Lion & Rose restaurant sued their employer for violating the Emergency Paid Sick Leave Act of 2020. The lawsuit came known as Summers v. Olde England’s Lion & Rose Rim, No. 20-CV-00929 (W.D.Tex.). The EPSLA ended in December, 2020. It provided for paid sick leave for persons who contracted

In most employment lawsuits, the defense has all the pertinent records. So, as one might expect, some defendants resist producing those documents. In Hernandez v. Clearwater Transportation Ltd., No. 18-CV-00319, 2021 WL 148053 (W.D. Tex. 1/15/2021), the defendant objected to several requests seeking information about other employees who were pregnant. The plaintiff herself was

Many folks will ask me when they are experiencing serious trouble at work, can they simply quit? Things have become so bad at work that just have to leave. Some victims of job harassment will experience headaches, nausea while driving to work, and worse symptoms. I sympathize, but have to tell them that quitting may

In a small town police force, one officer is going through some serious emotional issues. His former girlfriend and mother of their child is seeing a senior officer on the same small police force. In March, 2018, the chief of the police force referred Office Michael Grelle to a clinical psychologist for an evaluation. The

In Rodriguez v. Dollar General Corp., No. SA-19-CV-00713 (W.D. Tex. 7/30/2020), we see the uncommon instance in which the Western District does not accept the Defendant’s mis-characterization of the Plaintiff’s evidence. The case concerns a warehouse supervisor who suffered from diabetes. The diabetes lead to complications which caused pain and swelling in his feet.

In Hill v. Kerr County, No. 18-CV-00897 (W.D. Tex.), we see a classic he-said-she-said case. Plaintiff, Beverly Hill got into a fracas with her husband at home. Ms. Hill and her husband, Tommy Hill, both worked for the Kerr County Sheriff’s Department. Ms. Hill submitted a crime report about the altercation with her husband.

On Nov. 25, 2019, Judge Jason Pulliam granted the employer’s motion for summary judgment in Richardson v. The Medical Team, Inc., No. 18-CV-00151 (W.D. Tex.). It is a remarkable case. On Jan. 20, Renee Richardson emailed HR that she believed she was the victim of discrimination based on her race. She accused Alan Garza

How does a person show racial discrimination? Two ways come to mind: 1) a person must show he was fired and replaced by a person of a different race, or 2) show he was disciplined differently than persons of a different race. There is more to it than those two methods, but one of those