Potential clients have asked me about this scenario: if co-workers make racial comments about a well-known figure, do these comments help show racial animus toward his/her situation? This situation is presented in a case heard by the Eleventh Court Of Appeals. A black nurse heard racial comments about former President. Obama and about black patients.

Yes, Barbie has been in court quite often. Is there a litigious Barbie, yet? … In Mattel, Inc. v. Walking Mountain Productions, 353 F.3d 792 (9th Cir. 2003), the toymaker sued Tom Forsythe, a photographer, after he photographed nude Barbie using kitchen appliances, a “Food Chain Barbie” depicting a “Malted Barbie” on a vintage

There are many things an interviewer can ask a job applicant. But, you do need to be careful about some questions. Here are some things to consider.

1. How old are you? Be very careful about asking this question. There are very few jobs where someone can ask you your age and the question itself

A little known provision in the National Labor Relations Act  provides protection to employees when they discuss “terms and conditions” of employment.  The discussion must be between two or more employees.  The purpose of this provision (remember, the NLRA was passed in 1935) was to protect employees who may be forming a union.  But, for

We can disagree with the findings of some judges. But, the Trump appointed judges do seem to favor hyperbole. I wrote about a Fifth Circuit decision in which three Trump appointed judges argued that funding one federal agency through a second federal agency amounted to “despotism.” See that prior post here. Now, another Trump

A jury verdict for $366 million is very rare. It is especially rare for a single plaintiff case. It is even more rare in federal district court. Yet, that is exactly what happened in Harris v. Fedex, No. 21-CV-01651 (S.D. Tex.). Jennifer Harris sued Fedex for discrimination and for retaliation after she complained about

What sort of person seeks to profit from the murder of dozens of children? Twenty of the victims were between 6 and 7 years old. Yet, for years, Alex Jones sought to profit from the deaths of children killed at Sandy Hook Elementary. In so doing, he inflicted emotional torment on their families. For this,

The Texas Attorney General’s flubbed a prosecution against six sex traffickers, because they lost contact with the victim. The high profile prosecutions was known as “Operation Fallen Angle.” In the small town of Gatesville, Texas, in central Texas, this prosecution was a big deal. Six persons accused of trading crystal methamphetamine for sex are now

In 2019, I  wrote about the Torres v Dept. of Public Safety case here. That case has now been decided in favor of Capt. Leroy Torres, a Texas Guardsmen. The DPS would not accommodate his illness, which he contracted during his tour in Iraq. Capt. Torres then filed suit under the Uniformed Services Employment

In Lindsley v. TRT Holdings, Inc., 984 F.3d 460 (5th Cir.  1/7/2021), the Fifth Circuit reversed a grant of summary judgment regarding the plaintiff’s claim that she was paid less than her three male predecessors. Writing for the majority, Judge Ho said it was apparent that she was paid less than the men who