summary judgment

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There has been much talk in law review articles and some seminars about the disappearing jury trial in federal courts.  The courts are granting dismissals and summary judgments more and more.  So, these days, the true battle is often over the employer’s motion for summary judgment.  Mike Maslanka recognizes that new dymanic when he pens…

In a recent opinion, the Texas Supreme Court clarified one key aspect of whistle blower complaints.  The Texas Whistleblower statute applies to government employees only.  See Tex. Govt.C. Sec. 554.001, et seq.  The statute protects an employee who reports a possible violation of law.  The report or question must be to an "appropriate law…

in a recent decision, the Fifth Circuit in New Orleans reversed summary judgment.  In Johnson v. Maestri-Murrell Property Management, LLC, No. 11-30914 (5th Cir. 8/14/12), the EEOC found in favor of the employee, a very rare event.  Yet, the lower court granted summary judgment in favor of the employer.  

The Plaintiff had direct…

In a rare victory for the worker, the Fifth Circuit reversed summary judgment for the employer.  In Schirle v. Sokudo USA, Inc., No. 11-10788 (5th Cir. 7/31/12), the plaintiff alleged he was discriminated against because he was non-Japanese.  Sokudo and the other defendants are Japanese owned corporations.  Mr. Schirle also claimed that he suffered an…

The Fifth Circuit issued a decision in the case of Turner v. Kansas City Southern Railway Co., No. 09-30558, 2012 US App. LEXIS 6079 (5th Cir. 3/26/12).  See decision.  The opinion discusses the requirements for a circumstantial case of discrimination which relies on comparators.  Four Kansas City employees sued their employer for discrimination under…

The Fifth Circuit overturned summary judgment for the employer in Schroeder v. Greater New Orleans Federal Credit Union, No. 10-31169 (5th Cir. 12/19/11).  The employee was fired after she complained about violations of law and regulation at a credit union.  Mary Schroeder filed suit based on 12 U.S.C. §1790b and La.Rev.Stat.Ann. § 23:967(A).  Sec. 1790…

Legal scholars are becoming more aware that actual trials in federal courts have decreased dramatically since the 1960’s.  Suja Thomas discussed this trend in a recent speech at Seattle University to mark the 25th anniversary of the summary judgment trilogy.  See Workplace Prof report.  Prof. Thomas mentions a couple of developments leading to this…