Yet another challenge to arbitration is found in the class action complaint against Uber, the ride sharing platform. The case is known as Meyer v. Kalanick and Uber Technologies, Inc., No. 15-CV-9796 (E.D. N.Y. 7/25/16). While the ruling on class action status will break new ground, the ruling on investigating the plaintiffs’ counsel breaks
Bexar County Jury Awards $127,000 in Attorney Fees
Faith Gonzales worked at a Bill Miller barbecue restaurant. As any San Antonian would know, Bill Miller’s is a fast-food version of barbecue and is a local institution. She complained about discriminatory conduct and was fired in 2008. She filed her charge with the EEOC. The matter did not go to trial until January, 2013.
Judge Smith Retires, Subject of Further Investigation
Judge Walter Smith, a Federal judge in Waco, was reprimanded by the Fifth Circuit last year for unwanted sexual advances on one of his employees back in 1998. I wrote about that reprimand here. Judge Smith has now retired. Apparently, the investigation into whether he made advances on other women over the years will
Target Hit with $4.6 Million Award
Settling a case is not easy. The hardest part is simply looking at your own case objectively and trying to put a number to its value. When we sell cars, there are sources of valuation of cars. But, valuation of lawsuits is generally based on results from other similar cases. But, the thing is no
Fifth Circuit Took Away Verdict for Plaintiff
The Fifth Circuit is a risky place to do business. Sometimes, it just reaches some strange conclusions. The case of Allen v. Radio One of Texas II, LLC, No. 11-20781, 2013 WL 703832 (5th Cir. 2/26/2013) illustrates the lack of predictability at the Fifth Circuit. In that case, Corina Allen worked at a radio
Defense Law Firm Hacked into Stored Files
Unlike Texas, some states still have a viable worker’s compensation system that produces valuable benefits for workers. One such state is California. So, as we might expect, the worker’s compensation docket is much more competitive than here in Texas. One defense firm sought an extra edge. It allegedly hacked into online stored legal files for
Plaintiff Changes Mind about Settlement
In many lawsuits, the two opposing parties eventually turn to mediation or talks about settlement. Not every case settles at mediation, but many do. Typically at mediation, if the parties reach a verbal agreement, they then reduce that verbal agreement to a very brief written agreement. The mediator will usually have on hand a generic,
Roger Ailes Invokes Arbitration Clause
So, now Roger Ailes has invoked an arbitration clause in the lawsuit filed by Gretchen Carlson. I previously wrote about her lawsuit here. Of course, he would invoke arbitration. See Washington Post report. In arbitration, he can keep these unseemly allegations out of the press. Arbitration is private. Already, other women have come
Coach Briles Asks to be Dismissed from Lawsuit
Coach Briles has been sued along with Baylor University. Various female plaintiffs allege the school did not protect them from sexual assaults. The lawsuit is based on Title IX which requires equal facilities for female students. This week, Coach Briles filed a motion asking to be dismissed from the lawsuit. Among the reasons why he
Fifth Circuit Finds Texas has Standing to Challenge EEOC Guidance
Well, I previously wrote about yet another frivolous lawsuit by the former Attorney General, Greg Abbott. But, then he actually won the suit on appeal. See my prior post here. The former AG sued the EEOC regarding enforcement guidance issued by the agency on criminal background checks. The case is State of Texas v.