Texas has limited whistleblower protection. Texas Government Code Sec. 554 protects public employees who report violations of law to the appropriate law enforcement agency. See statute. The Texas Whistleblower Act provides for a 90 days deadline in which to file suit. It also requires an employee to first file a grievance if the state
Texas Statutes of Limitation
In the legal business, lawsuits are governed by deadlines referred to as “statutes of limitation.” A lawsuit must be filed within the applicable statute of limitation. A suit based on personal injury must be filed within two years of the act complained of. If the last day of the two year period falls on a
The Deck is Stacked Against the Plaintiff
In many ways, the deck is stacked against the discrimination victims. Most folks who believe they have been subjected to discrimination put off seeing a lawyer. Many, a great many folks go directly to the EEOC, trusting in the federal government. The EEOC means well, but it is over-worked and under-staffed. Many EEOC workers are
Texas Statutes of Limitation
Lawsuits are tricky. They must be filed within a certain deadline, known as "statutes of limitation." If a person misses the statute of limitation without a very, very good reason, that person cannot file the lawsuit. Statutes of limitations are very important. A suit based on personal injury must be filed within two years of
Abbott Files Another Frivolous Lawsuit
So, Greg Abbott files another frivolous lawsuit. He has filed suit against the federal government over Pres. Obama’s immigration measures. See San Antonio Express News report (account required). And, as before, the lawsuit is described as frivolous by lawyers familiar with immigration law. One immigration lawyer describes the lawsuit as "political theater." I have written
Oral Arguments Set for Nicholas v. SAWS
Oral arguments are set for Nicholas v. San Antonio Water System. I previously wrote about that case here and here. CPS spent half a million dollars by November, 2013 defending the case. They could have settled the case for much less. Oral arguments are set for January, 2015 before the Texas Supreme Court. See San
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
Schlumberger is Sanctioned for Lawsuit Against Former Employee
We are seeing more and more lawsuits against an employee after s/he leaves an employer. Some of these suits have basis, some do not. In Schlumberger v. Rutherford, we see a lawsuit that lacked basis. Charlotte Rutherford was employed by Schlumberger as an in-house lawyer. She was privy to confidential, proprietary
“Fix the Court” Does not Want a True Fix
As a country, most of us subscribe to certain precepts. These certain precepts keep things running in our country. One of those precepts is that the U.S. Supreme Court is the final arbiter of constitutional issues. Over the last couple of centuries, most of us have come to accept that Supreme Court’s role in deciding
The Ugly Side of Practicing Law
There is a seamy side to lawsuits. I am sure this seamy side has been around ever since the Medieval days when representatives were hired because they were better criers. In the San Antonio Express News is a report about immigration lawyers who hire case runners, folks who go out and find clients. They lurk