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

In Lindsley v. TRT Holdings, Inc., 984 F.3d 460 (5th Cir.  1/7/2021), the Fifth Circuit reversed a grant of summary judgment regarding the plaintiff’s claim that she was paid less than her three male predecessors. Writing for the majority, Judge Ho said it was apparent that she was paid less than the men who

In Johnson v PRIDE Industries, Inc., 7 F.4th 392 (5th Cir. 2021), a co-worker referred to Michael Johnson, a black worker as “mijo” (son) and “manos” (hands) several times.  The same co-worker, Juan Palomares, also referred to Mr. Johnson as “es mayate” (this n—–) on some occasions. Mr. Palomares also used the term “pinches

Every few years, we have to re-litigate the so-called self-serving affidavit doctrine. I have written about that silly doctrine here and here. The self-serving affidavit more or less, provides that a person making a claim myst have some evidence to corroborate his/her factual statement. That does not make much sense. The U.S. Supreme Court

Many defendants do this to some degree in a lawsuit: they exaggerate the testimony of the plaintiff or other witnesses. There is sometimes a fine line between advocating a position and outright fabricating evidence. In Flores v. DISH Network, the defense firm, Littler Mendelson, crossed that line. Littler Mendelson primarily practices employment law across

It could happen to anyone. But, when it happens to a lawyer, problems will follow. An email was sent to attorney Aaron Allison notifying him that a motion for summary judgment had been filed. Unknown to Allison, the email was caught in an obscure spam folder. Mr. Allison did not see the email. He did

Proving discrimination is never easy. Discrimination requires proof of intent. The plaintiff must prove or show what some manager was thinking. In Thompson v. Zinke, 795 Fed. Appdx. 294 (5th Cir. 2/27/2020), the plaintiff alleged he was discriminated against when he was passed over for promotion. Mr. Thompson noted that a white applicant with