Much of litigation has become about dispositive motions- motions that dispose of the case. Typically, that means motions for summary judgments. The employer submits a motion for summary, or quick judgment, saying the employee lacks evidence for the lawsuit. Both sides may offer affidavits. What happens when a plaintiff’s affidavit contradicts – or appears to

The Fifth Circuit has again tried to rein in Judge Lynn Hughes of the Southern District in Houston. In Bailey v. KS Management Services, No. 21-20335 (5th Cir. 5/26/2022), Judge Hughes again prohibited discovery by the plaintiff. As the Fifth Circuit noted, this is the third time some plaintiff has appealed a no-discovery order

The Fifth Circuit has resurrected the old pretext plus formula which we had once been dispensed with in Reeves v. Sanderson Plumbing Products, 530 U.S. 133 (2000). Reeves itself over-ruled a prior decision by the same Fifth Circuit. Some lessons, it seems, are never truly learned.

In the recent case of Owens v. Circassia

In Johnson v PRIDE Industries, Inc., 7 F.4th 392 (5th Cir. 2021), a co-worker referred to Michael Johnson, a black worker as “mijo” (son) and “manos” (hands) several times.  The same co-worker, Juan Palomares, also referred to Mr. Johnson as “es mayate” (this n—–) on some occasions. Mr. Palomares also used the term “pinches

Every few years, we have to re-litigate the so-called self-serving affidavit doctrine. I have written about that silly doctrine here and here. The self-serving affidavit more or less, provides that a person making a claim myst have some evidence to corroborate his/her factual statement. That does not make much sense. The U.S. Supreme Court

The Fifth Circuit reversed a grant of summary judgment in Lindsley v. TRT Holdings, Inc., No. 20-10263 (5th Cir. 1/7/2021). In an opinion written by Judge Ho, the court found that the plaintiff showed that she was paid much less than similarly situated male employees of Onmi hotels. The lower court had found that

We all know that age discrimination is an issue when an older worker is replaced by a younger worker. But, can we still show age discrimination when an older worker is replaced by someone who is also older? The Firth Circuit says yes, sometimes. In the case of Alaniz v. U.S. Renal Care, Inc.,

In Union Pacific RR Co. v. American Railway & Airway Supervisors Assoc., No. 18-50110 (5th Cir. 12/16/2020), the Fifth Circuit reversed a grant of summary judgment in favor of the employer. A railroad employee, Roland Beltran, twice tested positive on a drug test. Aided by the union, he appealed to arbitration. He presented evidence

Judge Lynn Hughes of the Southern District of Texas is at it again. In the case of Miller v. Sam Houston State Univ., No. 19-20752 (5th Cir. 1/29/2021), Judge Hughes flat denied the Plaintiff any depositions, while granting summary judgment against the plaintiff. Worse, he made statement after statement expressing skepticism about the plaintiff’s