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
City of San Antonio Relies on Appeals
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.
Gilbert
Texas Supreme Court Changes Retaliation Requirements
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
SAWS Seeks to Move the Goal Post
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
Oral Arguments Set for Nicholas v. SAWS
Oral arguments are set for Nicholas v. San Antonio Water System. I previously wrote about that case here and here. CPS spent half a million dollars by November, 2013 defending the case. They could have settled the case for much less. Oral arguments are set for January, 2015 before the Texas Supreme Court. See San
Texas Supreme Court Decision Undercuts Decades of Precedent
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
Employer Cannot Require a Worker to Commit an Illegal Act
There is no statute in Texas protecting workers from being forced to commit illegal acts. So, prior to 1985, if your employer told you to rob the local bank and you refused, you could have been fired. But, now there is judge-made law in the form of Sabine Pilot v. Hauck, 687 S.W.2d 733
Texas Employers Can Force Employees to Surrender the Right to Jury Trials
In a decision that makes little sense, the Texas Supreme Court has found that an employee can be forced to surrender his/her right to a jury trial. The employee, Steven Valdez, was told he had to sign the jury waiver provision. He was told that he would be fired if he did not sign it.
Case Dismissed Against Judge Keller
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
Binding Arbitration is Appealed to the Texas Supreme Court
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