The False Claims Act, 31 U.S.C. §3730(h), provides that a person who reports fraud, waste and abuse with Federal government funds will be protected from retaliation. The False Claims Act is an old statute, passed soon after the U.S. Civil War to prevent government fraud, waste, and abuse. Gabriel Valdez started working for WellMed in…

A former Bexar County deputy settled his religious discrimination claim against Bexar County for $300,000. Luis R. Borges applied to be a deputy at the Bexar County jail. When a deputy came to his house as part of a routine check, the deputy found at Mr. Borges’ home a Santa Muerte altar. Mr. Borges had…

A frequent question in disability cases concerns how long can an employer take when considering a request for accommodation. Some requests are so urgent that any delay will cause irreparable injury. In Strife v. Aldine Independent School District, No. 24-20269 (5th Cir. May 16, 2025), we get some answers. In Strife, a teacher, Alisha…

The Western District of Texas recently denied in part and granted in part a Rule 12(b)(6) motion to dismiss in the matter of Doe v. U.T. at San Antonio, No. 20-CV-1039-DAE (W.D. Tex. 9/27/2021). The Plaintiff sued UTSA based on several theories. He also sued two administrators in addition to the school itself. The…

Well, AG Ken Paxton lost another court hearing. I wrote about his loss at the district court level here. AG Paxton appealed that decision to the Third Circuit Court of Appeals in Austin. That court affirmed the denial of the motion to dismiss. Four senior level employees at the AG’s office complained to the…

Ken Paxton fired five of his senior assistants in 2020. Four of those five then filed suit alleging whistle blowing. I wrote then that it appeared to be a classic case of whistle blowing. Whistle blowing occurs when a worker reports a violation of criminal law by the employer and then suffers reprisal from that…

In a remarkable decision, the Fifth Circuit affirmed the grant of a 12(b)(6) motion to dismiss. In Meadows v. City of Crowley, No. 10752 (5th Cir. 5/3/2018), the plaintiff submitted a 36 page complaint detailing how an African-American police officer was passed for promotion five times. On appeal, the plaintiff alleged that the district…

Under the Texas Whistleblower Act, a person who works for a governmental entity and who reports violations of law is protected. Chad Carter worked for the City of Abilene as an engineer. He complained to his superiors that the city had hired contractors who were using unlicensed engineers. Using unlicensed engineers violates the Texas Engineering…