Well, AG Ken Paxton lost another court hearing. I wrote about his loss at the district court level here. AG Paxton appealed that decision to the Third Circuit Court of Appeals in Austin. That court affirmed the denial of the motion to dismiss. Four senior level employees at the AG’s office complained to the FBI, the Texas Rangers and
Many defendants do this to some degree in a lawsuit: they exaggerate the testimony of the plaintiff or other witnesses. There is sometimes a fine line between advocating a position and outright fabricating evidence. In Flores v. DISH Network, the defense firm, Littler Mendelson, crossed that line. Littler Mendelson primarily practices employment law across the country.
In Phoenix, Melin Flores
When I mention “sanctions” to clients, their eyes get big. They ask me what are sanctions? Sanctions are whatever a judge thinks is appropriate for folks who abuse our judicial system. Most abuse is pretty minor. So, sanctions will be minor. One client refused to disclose a medical care provider, because the medical care was embarrassing. I warned her about
Ninoshka Matias tested positive for the coronavirus. She asked her employer for leave from work under the Families First Coronavirus Response Act (FFCRA). Plaintiff Matias told her employer about her positive test. That same day, her employer fired her. The employer said Matias was not a “good fit.” Matias sued for discrimination under the ADA. The employer filed a motion
In Austgen v. Allied Barton Security Services, LLC, No. 19-20613, 2020 U.S. App. LEXIS 20085 (5th Cir. 6/26/2020), a security officer, working for the Port of Houston, encountered back pain in inspecting vehicles. The pain was chronic and had been aggravated by climbing around vehicles. His employer told him to stay home on unpaid leave for a few weeks until
Sometimes, during an employment lawsuit, the employer will subpoena records from employers before the defendant employer even hired the plaintiff. What relevance would employment records have which date to before the job where the discrimination occurred? Maybe not much. Some defense lawyers seek prior records as much to intimidate the employee as to obtain actual, usable evidence. In Cunningham v.
Every school boy and school girl knows the preamble to the U.S. Constotution:
“We the People of the United States … and secure the Blessings of Liberty to Ourselves and our Posterity”
On that phrase, Henning Jacobson largely based his challenge to the smallpox vaccination in 1904. The state of Massachussetts imposed a smallpox vaccine requirement on every resident. If
Now that the FDA has given final approval to the Pfizer vaccine, many employers have started requiring employees to get the covid vaccine. Can employers require employees to get a coronavirus vaccine? It is very likely that they can. We start with the general OSHA requirement of all employers to maintain a safe workplace. Every employer must take steps to
Back in the 90’s, I recall folks, pundits and the like, asking if the kids of the time would step up the way prior generations did in WW II and even in the Viet Nam War. Folks doubted the young people, spoiled as they seemed, would step up. I was in the Texas National Guard at the time and had
Well, it is hardly surprising that Sidney Powell, Lin Wood and seven other lawyers have been sanctioned for their lawsuit alleging election fraud in Detroit. I previously wrote about the court hearing regarding the sanction motion here. In response to that motion for sanctions, Ms. Powell argued, apparently with a straight face, that “/s/Sidney Powell” was not a genuine
