January 12, 2012
/cdklawyers.com// 01/12/2012
The Fifth Circuit Court of Appeals ruled for the plaintiff in a False Claims Act retaliation matter. Riddle v. Dyncorp Int’l, Inc., et al, No. 11-10155 (5th Cir. Jan. 5, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-10155-CV0.wpd.pdf.
The plaintiff brought a retaliation suit pursuant to the federal False Claims Act 178 days after his employment terminated. The district […]
December 31, 2011
/cdklawyers.com// 12/31/2011
The Fifth Circuit Court of Appeals recently reversed a summary judgment for an employer in a race discrimination case. Vaughn v. Woodforest Bank, No. 11-60102 (5th Cir. Dec. 21, 2011), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-60102-CV0.wpd.pdf.
Although she received a favorable performance review, the plaintiff was fired for “unsatisfactory conduct” after the employer conducted a “climate survey” of […]
December 9, 2011
/cdklawyers.com// 12/09/2011
Following a collision that rendered him paraplegic, an employee was paid workers’ compensation benefits. He and his wife sued several third parties for causing the wreck. His employer intervened to protect its subrogation rights for the workers’ compensation benefits it had paid to the employee. Following a vacated jury verdict, the parties settled. The […]
November 3, 2011
/cdklawyers.com// 11/03/2011
The Fifth Circuit Court of Appeals recently affirmed a decision for an employer in a disability case. Griffin v. United Parcel Service, Inc., No. 10-30854 (5th Cir. Oct. 19, 2011), available at http://www.ca5.uscourts.gov/opinions/pub/10/10-30854-CV0.wpd.pdf.
Following leave and because his previous position had been filled, an employee was assigned to an overnight shift. The employee sent an […]
September 30, 2011
/cdklawyers.com// 09/30/2011
The Fifth Circuit Court of Appeals recently addressed finder’s fees under Texas law. CB Legal Search, L.L.C. v. Lewis Brisbois Bisgaard and Smith, L.L.P., No. 11-20127 (5th Cir. Sept. 16, 2011), available at http://www.ca5.uscourts.gov/opinions/unpub/11/11-20127.0.wpd.pdf.
In 2006, a legal recruiter introduced LBBS, a law firm, to two partners at BRG, another law firm. The two partners […]
September 10, 2011
/cdklawyers.com// 09/10/2011
The Fifth Circuit Court of Appeals recently ruled for an employer in a dispute centered on the Family Medical Leave Act. Baham v. McLane Foodservice, Inc., No. 10-10944 (5th Cir. July 1, 2011). While on vacation, the plaintiff’s daughter was injured. The plaintiff completed some FMLA paperwork while he stayed with his daughter out-of-state. […]
January 8, 2011
/cdklawyers.com// 01/08/2011
The Fifth Circuit Court of Appeals recently addressed an issue arising under the Fair Labor Standards Act. Martin v. PepsiAmericas, Inc., No. 09-60896 (5th Cir. Dec. 28, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/09/09-60896-CV0.wpd.pdf. The plaintiff sued her former employer for unpaid overtime wages. The district court granted the employer’s motion to dismiss after finding that the […]
December 29, 2010
/cdklawyers.com// 12/29/2010
The Fifth Circuit Court of Appeals recently resolved a case concerning the Employee Retirement Income Security Act of 1974. Leipzig v. Principal Life Ins. Co., No. 10-10394 (Nov. 29, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/10/10-10394.1.wpd.pdf.
The plaintiff alleged that the insurance company denied his disability insurance claim in violation of ERISA, and he appealed a summary judgment […]
December 14, 2010
/cdklawyers.com// 12/14/2010
The Fifth Circuit Court of Appeals recently addressed disability discrimination under the Americans with Disabilities Act. Winborne v. Sunshine Health Care, Inc., No. 09-60765 (5th Cir. Nov. 17, 2010), available at: http://www.ca5.uscourts.gov/opinions/unpub/09/09-60765.0.wpd.pdf. The plaintiff worked as a nurse for the defendant, a rest home. She suffered attacks involving temporary loss of awareness, but she […]
September 16, 2010
/cdklawyers.com// 09/15/2010
The Fifth Circuit Court of Appeals recently reversed summary judgment for plan participants in an ERISA matter. Dupre v. Employee Benefit Servs. of La., Inc., No. 09-30990 (5th Cir. Sept. 2, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-30990.0.wpd.pdf.
Jennifer Dupre, a morbidly obese woman, planned to have gastric bypass surgery and sought coverage under the ERISA plan offered […]
