The crew of a United Airlines Flight arrived at their plane one day and found the words “BYE BYE” scrawled on the tail section. It was July, 2014, just a few months after the Malaysia airline plane disappeared over the Indian ocean. The crew was shaken. They asked for a security sweep. United, however, simply
Fifth Circuit Overruled for Being Too Formalistic
The Supreme Court must take some delight in reversing the Fifth Circuit. In a recent decision, the U.S. Supreme Court has once again reversed the Fifth Circuit. In Johnson v. City of Shelby, No. 13-1318 (5th Cir. 11/10/2014), the Supreme Court found that the Fifth Circuit applied the recent decisions
A True Cowboy Judges a Person On His/Her Own Merits
An acquaintance passed away recently. His passing brought to mind the high school I graduated from in 1975. Mike Gallagher graduated from John Marshal High School a couple of years before I did. He was a football player, and an officer in the Fellowship of Christian Athletes. In other words, he was at the top
Cowboys Owner Apparently Settles Lawsuit
Jerry Jones, owner of the Cowboys, does stay busy. He was accused just a couple of weeks ago of assaulting an exotic dancer, Jana Weckerly. The lawyer for Jerry Jones said she missed the statute of limitations – the deadline by which all suits must be filed. She alleged that the Cowboys owner assaulted her
Description as a “Liability” Could Constitute Direct Evidence
Alan Demyanovich worked for 20 years for Cadon Plating & Coating, which applies coatings in the automobile industry. Mr. Demyanovich developed heart problems in 1999, but returned to work and worked another ten years. In 2009, his heart condition worsened. He took substantial time off. In February, 2010, he again asked for FMLA leave. His
Mandatory Arbitration Used to Hide Sex Harassment
The folks at Public Justice have written a bog post about the pernicious use of mandatory arbitration by American Apparel, a major U.S. clothing manufacturer. Based on an article in the New York Times, the post recounts the story of Dov Charney, long-time CEO of American Apparel. Mr. Charney was known for such witticisms
Testy Responses Harm One’s Case
It is never good to annoy a judge during a trial. Yet, that is what John V. Garza, former Republican state representative from San Antonio, did in federal court earlier this week. In the lawsuit concerning alleged racial gerrymandering by the Republican party, Mr. Garza testified about a conversation with other state representatives in 2011.
Eleventh Circuit Reverses Summary Judgment
The Eleventh Circuit helps shed some light on the effects of the ADA Amendments Act, effective in 2009. In Mazzeo v. Color Resolutions International, LLC, No. 12-10250, 2014 WL 12740470 (11th Cir. 3/31/14), Anthony Mazzeo suffered a herniated disc and torn ligaments in his back at the age of 46. He worked as a sales
Fifth Circuit Overrules Summary Judgment, Again
The Fifth Circuit previously overturned summary judgment in Johnson v. Maestri-Murrell Property Management, LLC, (5th Cir. 2012). I wrote about that decision here. The remarkable thing about that summary judgment was the lower court ignored direct evidence of discrimination. The district court’s decision seemed to be result-oriented. See the Fifth