Well, Bill O’Reilly is out at Fox News. His show was cancelled after the settlements surfaced. I wrote about those settlements here. The news report refers to the settlements as allegations. But, when someone pays $13 million for five different accusations, it is more than mere allegations. See CNN news report. Persons do
San Antonio employment law
Fifth Circuit Reverses Summary Judgment
In the world of jobs, anything is possible. In the employment world, we deal with human behavior in all its manifestations. We see a crazy case in Fisher v. Lufkin Industries, Inc., No. 15-40428 (5th Cir. 2/10/2017). William Fisher had worked for Lufkin Industries off and on for some 20 years when he was…
UTSA Head Romo Placed on Leave
Dr. Ricardo Romo, President of the University of Texas at San Antonio, has been placed on leave immediately. The school has not offered an explanation for the sudden leave. But, there is pending a complaint of sexual harassment against the President by two employees. The two employees had been fired and apparently complained the termination…
Fifth Circuit Reverses Summary Judgment
In a per curiam decision, the Fifth Circuit reversed summary judgment for the employer. In Stennett v. Tupelo Public School District, No. 13-60783 (5th Cir. 7/30/2015), Ms. Stennett argued she was more qualified than the persons chosen for various district jobs. Ms. Stennett had formerly worked for the Tupelo Public School District for some…
Judge Jones Accuses Plaintiff of Hardball Tactics
Judges matter. The life experiences they bring to the bench matter. So, when I see a concurrence like the one written by Judge Jones of the Fifth Circuit, I become concerned. In Pineda v. JTCH Apartments, LLC, No. 15-10932 (5th Cir. 12/19/2016), the employee recovered some $5,000 in damages. Santiago Pineda was a maintenance…
Former Manager Sues Wells Fargo
It was big news just a few months ago that Wells Fargo bank pressured its employees to engage in fraudulent sales tactics. Some employees were even issuing credit cards and setting up new bank accounts for its customers – without the customers’ permission. It was fraud. But, was it illegal? That distinction matters in a…
Supreme Court Hears UIW Claim for Governmental Immunity
It seems almost silly to argue, as the University of the Incarnate Word does, that UIW’s police force is a governmental body. Yet, that is the very argument the school made to the Texas Supreme Court yesterday. I previously wrote about this appeal here and here. UIW seeks the status of “qualified immunity.” With…
Judge Declines to Exclude Statements in Trump University Lawsuit
Donald Trump and Trump University have been the defendants in a class action lawsuit for some six years, now. The trial was postponed from last Spring to Nov. 28, 2016. Bu, in the meantime, Mr. Trump campaigned and he made statements about the lawsuit. His lawyers tried to exclude those statements from the trial. Judge…
Texas Supreme Court to Hear Sexual Assault Case
The Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010), decision was issued a few years ago. In that decision, the Texas Supreme Court decided that a lawsuit based on a tort claim of sexual assault was actually subsumed by the Texas Commission on Human Rights Act. I wrote about that decision here…
Jury Awards $240,000 Against Austin Police Department
A jury in state court awarded $240,000 to a detective with the Austin, Texas Police Department. Amy Lynch sued the department for discrimination. Ms. Lynch was a long-time law enforcement officer who was diagnosed with narcolepsy in 2009. Soon after, she was transferred from her high profile assignment in the Human Trafficking and Vice unit…