The Fifth Circuit has again applied a “pretext plus” formula to affirm a grant of summary judgment. In Harville v. City of Houston, Mississippi, No. 18-60117 (5th Cir. 8/16/2019), the City fired a deputy clerk. The City Clerk, Margaret Futral, testified that Mary Harville was an essential deputy clerk who worked on taxes.

One would expect that a case involving direct evidence of age bias would not be granted summary judgment. Yet, that is what happened in Lopez v. Exxon Mobil Development Co., No. 14-16-00826, 2017 WL 4018359 (Tex.App. Houston 9/12/2017). Plaintiff David Lopez worked for Exxon for over ten years when he was terminated in 2014.