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
Ninoshka Matias tested positive for the coronavirus. She asked her employer for leave from work under the Families First Coronavirus Response Act (FFCRA). Plaintiff Matias told her employer about her positive test. That same day, her employer fired her. The employer said Matias was not a “good fit.” Matias sued for discrimination under the ADA.
Every school boy and school girl knows the preamble to the U.S. Constotution:
“We the People of the United States … and secure the Blessings of Liberty to Ourselves and our Posterity”
On that phrase, Henning Jacobson largely based his challenge to the smallpox vaccination in 1904. The state of Massachussetts imposed a smallpox vaccine
Now that the FDA has given final approval to the Pfizer vaccine, many employers have started requiring employees to get the covid vaccine. Can employers require employees to get a coronavirus vaccine? It is very likely that they can. We start with the general OSHA requirement of all employers to maintain a safe workplace. Every
Back in the 90’s, I recall folks, pundits and the like, asking if the kids of the time would step up the way prior generations did in WW II and even in the Viet Nam War. Folks doubted the young people, spoiled as they seemed, would step up. I was in the Texas National Guard
In most employment lawsuits, the defense has all the pertinent records. So, as one might expect, some defendants resist producing those documents. In Hernandez v. Clearwater Transportation Ltd., No. 18-CV-00319, 2021 WL 148053 (W.D. Tex. 1/15/2021), the defendant objected to several requests seeking information about other employees who were pregnant. The plaintiff herself was
Election lawsuits proliferated like mushrooms back in November and December, 2020. One such lawsuit was even filed as a class action on behalf of “all U.S. registered voters” alleging a coordinated effort to change voting laws and use unreliable voting machines to interfere with the presidential election. The two lawyers, Gary Fielder and Ernest Walker,
I wrote previously about the Apache Corp. v. Davis, No. 19-0410 (Tex. 2021), decision here. I mentioned then that Justice Hecht’s largest campaign donor was the law firm, Vinson & Elkins. Vinson & Elkins represented Apache Corporation during its appeal. This controversy started in October, 2020, when the Supreme Court denied Apache’s request
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 the decision of Apache Corp. v. Davis, 573 S.W.3d 475 (Tex.App. Hou. 2019), the court of appeals affirmed a jury verdict in favor of Cathryn Davis, a former paralegal at Apache Corporation. The jury found she had complained about gender discrimination and then suffered reprisal because of that opposition. The jury awarded her