Defamation refers to uttering an untruthful statement about someone. “Libel” refers to written defamation. “Slander” refers to oral defamation. In the employment context, defamation has an extra hurdle. In Texas, to constitute defamation at work, the defamation must be made in the course and scope of employment. That is, the defamatory statement must be related

Defamation is that cause of action many people consider, but which is very difficult to prosecute. To show defamation, you have to show what the other person was thinking. You have to show a bad intent. In Hawbecker v. Hall, No. SA-14-CV-1010 (W.D. Tex.), the plaintiff did show defamation. It was a strange case.

Racial divisions are building in the last couple of years. White right activists are becoming more active. If we accuse someone supporting discriminatory policies of being a white supremacist, have we defamed that person? In Tennessee, Lisa Rung heard Robert Weidlich speak against LGBT persons at a school forum. Upon leaving the building, she saw

Many employers require drug tests for their employees. What happens when the drug testing laboratory commits an error regarding the test? Failing a drug test can result in termination. That is what happened in Exxon Mobil Corp. v. Rincones, 520 S.W.3d 572 (Tex. 2017). The employer had a random drug testing program. Exxon Mobil

Not unlike former Pres. Bill Clinton, Pres. Trump has a reputation that will attract lawsuits. One such lawsuit filed by Summer Zervos, accuses the Celebrity Apprentice star of groping her when she was a contestant on his show. She accuses him of groping her and kissing her. She filed suit three days before Pres. Trump’s

Coach Briles filed suit against Baylor University last December for defamation. See my post about that lawsuit here. In that lawsuit, he claimed Baylor said he knew about rapes and sexual assaults and did nothing about them. He claims din his lawsuit that was false, that he did not know about the sexual assaults.

It was big news just a few months ago that Wells Fargo bank pressured its employees to engage in fraudulent sales tactics. Some employees were even issuing credit cards and setting up new bank accounts for its customers – without the customers’ permission. It was fraud. But, was it illegal? That distinction matters in a

Coach Art Briles has filed suit against Baylor University. He filed suit for libel, saying Baylor is spreading false allegations that he knew of sexual assaults and did not report them. See Dallas Morning News report. “Libel” refers to defaming someone verbally. Slander refers to defaming someone in writing. Baylor has been very careful

Implicit bias is a concept acquiring some attention. The theory is that as human we have subconscious biases. I have written about the theory before. See my prior post here. The U.S. Supreme Court recognized the theory in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S.Ct. 2517

In the legal business, lawsuits are governed by deadlines referred to as “statutes of limitation.”  A lawsuit must be filed within the applicable statute of limitation.  A suit based on personal injury must be filed within two years of the act complained of.  If the last day of the two year period falls on a