In Union Pacific RR Co. v. American Railway & Airway Supervisors Assoc., No. 18-50110 (5th Cir. 12/16/2020), the Fifth Circuit reversed a grant of summary judgment in favor of the employer. A railroad employee, Roland Beltran, twice tested positive on a drug test. Aided by the union, he appealed to arbitration. He presented evidence

In Rodriguez v. Dollar General Corp., No. SA-19-CV-00713 (W.D. Tex. 7/30/2020), we see the uncommon instance in which the Western District does not accept the Defendant’s mis-characterization of the Plaintiff’s evidence. The case concerns a warehouse supervisor who suffered from diabetes. The diabetes lead to complications which caused pain and swelling in his feet.

Pro se cases (i.e., for self) typically result in dismissal. These are lawsuits filed by a layperson on his/her own behalf – without a lawyer. I previously posted about a pro se lawsuit here. In another such case, Wynne v. Jubilee Academy, No. 19-CV-00739 (W.D. Tex.), the plaintiff filed the suit herself. Although

If you work for a company for a few years and maintain your LinkedIn account, you will build up a set of contacts based on your employment. What happens if those contacts are customers? Do they belong to you or to your employer? That was the issue in Cellular Accessories for Less, Inc. v. Trinitas

In 2019, Pres. Trump tired of the head of DHS, Kirstjen Nielsen. So, he fired her. He replaced her with an acting head of DHS, Kevin McAleenan. Mr. McAleenan was later replaced by Chad Wolf. Pres. Trump placed a lot of emphasis on DHS, because that agency controlled immigration rules and regulations. On July 28,

In Hill v. Kerr County, No. 18-CV-00897 (W.D. Tex.), we see a classic he-said-she-said case. Plaintiff, Beverly Hill got into a fracas with her husband at home. Ms. Hill and her husband, Tommy Hill, both worked for the Kerr County Sheriff’s Department. Ms. Hill submitted a crime report about the altercation with her husband.

On Nov. 25, 2019, Judge Jason Pulliam granted the employer’s motion for summary judgment in Richardson v. The Medical Team, Inc., No. 18-CV-00151 (W.D. Tex.). It is a remarkable case. On Jan. 20, Renee Richardson emailed HR that she believed she was the victim of discrimination based on her race. She accused Alan Garza

How does a person show racial discrimination? Two ways come to mind: 1) a person must show he was fired and replaced by a person of a different race, or 2) show he was disciplined differently than persons of a different race. There is more to it than those two methods, but one of those

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.

An engineer worked for Texas Commission on Environmental Quality or 23 years. Shiyan Jiang was never in any trouble until in 2014, he was assigned a new boss, Kim Wilson. The new boss believed Mr. Jiang placed some papers in a permit folder that did not belong there. The plaintiff then filed a complaint alleging