Much of litigation has become about dispositive motions- motions that dispose …
Fifth Circuit Explains Sham Affidavit Doctrine
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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
Defense Firm Spied on Plaintiff
We all know defense firms sometimes spy on opposing parties, but evidence of that spying is very rare. But, there was such evidence in one Georgia case. Cruz Mezquital sued a driver who was insured by American Family Insurance. She
Body of Texas Guardsman Recovered
They found his body three days after he was pulled under by the current. SPC Bishop Evans jumped in to save a couple of illegal immigrants. He did what Guardsmen have always done, save someone he never met. Two illegal
Texas Guardsmen Disappears in Rio Grande
Monitoring Work-from-Home Employees
Increasingly popular during the pandemic are apps known as “bossware” and “tattle ware.” These software programs allow supervisors to track the work performed by work-from-home employees. These apps can monitor websites visited, log key strokes, take screenshots and even record