In all employment lawsuits, the employer will move for summary judgment or seek dismissal of the case. Even when …
Summary Judgment Response Needs Evidence
Latest from San Antonio Employment Law Blog
Independent Contractor: the Eye of the Beholder
For some 10-15 years, employers have been trying to save some money by …
Privacy in the Work Place
In Wilhite v. HE Butt Co., the employee was accused of sexual harassment …
Largest Number of Employment Law Verdicts
Lex Machina, a service provided by Lexis Nexis, has released its latest report on employment litigation verdicts. That report shows a ten year high with $1.17 billion in jury verdicts between 2019 and 2021. The report includes results from federal
Fifth Circuit Explains Sham Affidavit Doctrine
Much of litigation has become about dispositive motions- motions that dispose …
Fifth Circuit Resurrects Pretext Plus
The Fifth Circuit has resurrected the old pretext plus formula which we had once been dispensed with in Reeves v. Sanderson Plumbing Products, 530 U.S. 133 (2000). Reeves itself over-ruled a prior decision by the same Fifth Circuit. Some lessons,
Those Who Did Not Return
Memorial Day is a time to remember those veterans who gave all they had to give for us. I always think of 1SGT Saenz at times like this. Some 100 of us IRR members met at Ft. Jackson on March
AG Paxton’s Law License Challenged
Well, Attorney General Ken Paxton cannot say he is surprised. The Texas Bar Association has taken action against his bar license. Just a couple of weeks ago, the Texas Bar first sued Paxton’s First Assistant, Brent Webster. Mr. Webster signed
COVID19 Paid Sick Leave Act Provided Private Right of Action
Congress passed the Families First Coronavirus Response Act (FFCRA) in March, 2020 in response to the coronavirus pandemic. Soon afterward, Congress also passed the Emergency Paid Sick Leave Act (EPSLA). As the name suggests, the EPSLA allowed employees to take
Western District Denies in Part Motion to Dismiss
The Western District of Texas recently denied in part and granted in part a Rule 12(b)(6) motion to dismiss in the matter of Doe v. U.T. at San Antonio, No. 20-CV-1039-DAE (W.D. Tex. 9/27/2021). The Plaintiff sued UTSA based on