With a nod to the research of Steve Vladeck, a University of Texas School of Law professor, the coming vote on Jan. 6, 2021 is over-stated in one key respect. Under Sec. 1 of the 20th Amendment, the current Presidential term ends on Jan. 20, no matter what. If no President then is qualified to

Pro se cases (i.e., for self) typically result in dismissal. These are lawsuits filed by a layperson on his/her own behalf – without a lawyer. I previously posted about a pro se lawsuit here. In another such case, Wynne v. Jubilee Academy, No. 19-CV-00739 (W.D. Tex.), the plaintiff filed the suit herself. Although

If you work for a company for a few years and maintain your LinkedIn account, you will build up a set of contacts based on your employment. What happens if those contacts are customers? Do they belong to you or to your employer? That was the issue in Cellular Accessories for Less, Inc. v. Trinitas

As expected, Ken Paxton has provided generous lawsuits to his former deputies. Four of his recently fired senior assistants have filed suit based on whistle blowing. They allege they were fired because they reported violations of law by AG Paxton. see my prior post about their whistle blower complaints here. The lawsuit rightly notes

In 2019, Pres. Trump tired of the head of DHS, Kirstjen Nielsen. So, he fired her. He replaced her with an acting head of DHS, Kevin McAleenan. Mr. McAleenan was later replaced by Chad Wolf. Pres. Trump placed a lot of emphasis on DHS, because that agency controlled immigration rules and regulations. On July 28,

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

The U.S. Supreme Court has held that title VII of the Civil Rights Act of 1964 does include discrimination against gay persons. I have discussed this issue a few times, that the decision in Oncale v. SundownerOffshore Services, Inc., 523 US 75, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998), was a very parsed

Pres. Trump brought some unusual experience to the office of the President of the United States. He filed over 3,500 lawsuits during his career in business. That is an astounding number. Periodically, I look for prior lawsuits regarding different organizations. I am sure I have never seen more than ten lawsuits for any one organization,

One question that has arisen regarding this outbreak is can employers be liable if their employees contract the coronavirus? The Occupational Safety and Health Act has a general provision requiring employers to provide a safe working environment for its workers. That provision requires employers to provide a place of employment which is free from “recognized

The courts have struggled with the wording in Title VII for a couple of decades. Title VII clearly prohibits discrimination based on sex. Does that mean Title VII prohibits discrimination based on sex orientation? If an employer terminate someone because he is gay, how is that not discrimination based on sex?

The challenge is that