Barry Oliphint worked for Jacobs Engineering for seven years. Mr. Oliphint had a major argument with his supervisor about performing an inspection early. The supervisor and Oliphint agreed Oliphint would resign. But, when Mr. Oliphint started looking for a new job, one interviewer told him he had lied about resigning. It turned out that Jacobs
Potential clients have asked me about this scenario: if co-workers make racial comments about a well-known figure, do these comments help show racial animus toward his/her situation? This situation is presented in a case heard by the Eleventh Court Of Appeals. A black nurse heard racial comments about former President. Obama and about black patients.
Once again, Trump lawyers give us a master class in how not to litigate. Donald Trump was sued in New York civil district court for civil fraud. Attorney General James claimed the Trumps perpetrated fraud among lenders when they vastly overstated the value of their holdings. A couple of days ago, the judge presiding over
In Spears v. Louisiana College, No. 20-30522, 2023 WL 2810057 (5th Cir. 4/6/2023), the appellate court addressed the situation in which an employee’s duties are are assigned to various employees. Some courts refer to this practice as “fractioning.” Carolyn Spears taught at Louisiana College for many years. She contracted cancer in 2012 and again
An issue that has percolated for many years is whether an employer must offer a transfer to an open position as an accommodation to a person with a disability. Adrianna Cook worked for the Methodist Hospital for several years when she injured her back in 2012. She then worked in a light duty position for
In all employment lawsuits, the employer will move for summary judgment or seek dismissal of the case. Even when the facts are very strong, the employer wants to “take a swing” at summary judgment. It should be obvious that the employee must then point to specific facts which show that a trial is necessary. Summary
Much of litigation has become about dispositive motions- motions that dispose of the case. Typically, that means motions for summary judgments. The employer submits a motion for summary, or quick judgment, saying the employee lacks evidence for the lawsuit. Both sides may offer affidavits. What happens when a plaintiff’s affidavit contradicts – or appears to
The Fifth Circuit giveth and the Fifth Circuit taketh away. We just talked about a poorly drafted decision in Owens v. Circassia Pharmaceuticals, No. 21-10760 (5th Cir. 5/13/2022) regarding an important employment law decision. See that post here. This Owens decision turned Reeves v. Sanderson Plumbing Products, 530 U.S. 133 (2000) on
The Fifth Circuit has again tried to rein in Judge Lynn Hughes of the Southern District in Houston. In Bailey v. KS Management Services, No. 21-20335 (5th Cir. 5/26/2022), Judge Hughes again prohibited discovery by the plaintiff. As the Fifth Circuit noted, this is the third time some plaintiff has appealed a no-discovery order
The Fifth Circuit has resurrected the old pretext plus formula which we had once been dispensed with in Reeves v. Sanderson Plumbing Products, 530 U.S. 133 (2000). Reeves itself over-ruled a prior decision by the same Fifth Circuit. Some lessons, it seems, are never truly learned.
In the recent case of Owens v. Circassia