September 20, 2012
/cdklawyers.com// 09/20/2012 The Fifth Circuit Court of Appeals recently held that a plaintiff’s collective bargaining agreement did not provide the exclusive remedy for her sex discrimination claim. Ibarra v. United Parcel Serv., No. 11-50714 (5th Cir. Sept. 13, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-50714-CV0.wpd.pdf. After being fired, the plaintiff filed a grievance under her union’s collective […]
August 3, 2012
/cdklawyers.com// 08/03/2012 The Fifth Circuit Court of Appeals recently ruled in a same-sex age discrimination case brought by the EEOC. EEOC v. Boh Bros. Const. Co., L.L.C., No. 11-30770 (5th Cir. July 27, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-30770-CV0.wpd.pdf. The EEOC brought a Title VII case on behalf of a male construction worker who claimed that […]
March 22, 2012
/cdklawyers.com// 03/22/2012 The Fifth Circuit Court of Appeals recently ruled in a physician’s employment discrimination case. Nassar v. Univ. of Tex. S.W. Medical Center, No. 11-10338 (5th Cir. March 8, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-10338-CV0.wpd.pdf. The jury found that the doctor was constructively discharged and retaliated against. The employer appealed. Constructive discharge claims are essentially […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
