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

Its an “open” secret in Texas jurisprudence: it does not matter what happens in the lower courts, an employer’s or large corporation’s best chance lies in the Texas Supreme Court. The Texas Supreme Court routinely overrules jury verdicts. See my prior post about the high court taking away jury verdicts here and here.


The Texas Supreme Court reversed the jury decision in Nicholas v. SAWS. See decision here. The result is not surprising. The Texas Supreme Court frequently reverses jury verdicts in favor of victims of discrimination. The court found that Debra Nicholas did not have a reasonable belief that she was opposing discrimination when she

Oral arguments in the case of Nicholas v. SAWS were heard recently. The Defendant appealed the matter to the Texas Supreme Court after losing before the Fourth Court of Appeals. See my prior post about that appeal here and here. In the oral arguments, the defense attorney, Rachel Ekery, said the harassment by the

The Texas Supreme Court has issued another decision which undercuts the rights of consumers.  In Mission ISD v. Garcia, the Supreme Court looked at the prima facie case necessary for age discrimination.  The Court found that a plaintiff must be able to show that s/he was replaced by someone younger.  In Garcia, the

 Well, sanctions were dismissed against Judge Sharon Keller, after all.  See San Antonio Express News story.  A special panel appointed by the Texas Supreme Court agreed with Judge Keller’s lawyer that the Judicial Commission could only issue a censure, recommendation for removal or dismissal of the case.  No public warning was possible, said the

 Employee handbooks are not enforceable.  They have not been enforceable since the early 1990’s.  In the early 1990’s, after a few court decisions, Texas employers realized they had to include a disclaimer in each handbook stating that the handbook is not a contract.  Employers wanted employe handbooks to not bind the employers.  Much of what