Well, the saga of the Cain brothers is over. I previously wrote about Ronnie Cain’s efforts to obtain severance pay after being terminated from his position as City Manager for Windcrest. See my prior posts here and here. Gary Cain and Ronnie Cain were accused of embezzling $2.8 million. I thought Ron Cain’s demand
employment discrimination attorneys
Pro Se Plaintiff Wins Motion to Dismiss
Almost always, a pro se plaintiff loses. Pro se describes a plaintiff who represents herself. Many folks are forced to represent themselves when issued a 90 day right-to-sue letter. Ninety days is very little time in which to find an employment lawyer. Most persons with a right-to-sue letter start by calling personal injury firms. It…
Plaintiff Wins Summary Judgment But Loses Trial
Work place harassment is still with us. And, courts still struggle with the term “severe or pervasive.” To rise to the level of work place harassment, conduct must be “severe or pervasive.” In Sanders v. Christus Santa Rosa PASC, 995 F.Supp. 2d 626 (W.D. Tex. 2014), the court looked at the totality of the…
Fifth Circuit Reverses Western District for Making Credibility Determinations
In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944 (5th Cir. 8/10/2015), the Fifth Circuit overruled the district court’s summary judgment. The court addressed a frequent issue, who is responsible for the termination of temporary employees? But, in so doing, the higher court also addressed a more frequent issue, how…
Agriculture Department Wants to Nuke All Moslems
Sid Miller, Texas’ new head of the Department of Agriculture, is kind of amusing. At the beginning of his term, he announced with apparent relish that cupcakes were now allowed back onto school menus. He made his announcement while biting into a very tasty looking chocolate cupcake. A few months later, he announced the fryer…
Fifth Circuit Clears up “Mess” Regarding Stray Remarks
There are some theories of law that some courts and most defense lawyers rely on to undermine otherwise good discrimination cases. One of those theories is the “stray remarks” doctrine. In general, the stray remarks doctrine holds that some remarks by management are so remote from the adverse personnel action that they are not relevant.…
Lawyers Threaten Complaint about Texas AG
If a lawyer said what Ken Paxton said about disregarding A Supreme Court decision, then that lawyer would indeed face disbarment. So, it is perhaps not surprising that some 150 Texas lawyers have threatened to file a complaint about the Texas Attorney General. Ken Paxton issued legal guidance soon after the Supreme Court decision finding…
Schlumberger Seeks to Overturn Jury Verdict
Schlumberger cannot accept its loss in a recent jury trial. The large oil field service company has asked U.S. District Judge Lamberth for a judgment notwithstanding the verdict. That is, it has asked the judge to toss the jury verdict saying the verdict lacked evidentiary support. See San Antonio Express News report (account required). The…
Texas Supreme Court Changes Retaliation Requirements
The Texas Supreme Court reversed the jury decision in Nicholas v. SAWS. See decision here. The result is not surprising. The Texas Supreme Court frequently reverses jury verdicts in favor of victims of discrimination. The court found that Debra Nicholas did not have a reasonable belief that she was opposing discrimination when she…
Sanctions Can Result when a Party Does not Cooperate
In federal court, parties can be ordered to pay sanctions. Mentioning that to clients always attracts interest. If a person or entity “mis-behaves” in court, the judge can sanction them. Sanctions include anything from paying money, paying the opposition attorney’s fees to even outright dismissal. In one recent Fifth Circuit decision, a lawyer was ordered…