In Rodriguez v. Dollar General Corp., No. SA-19-CV-00713 (W.D. Tex. 7/30/2020), we see the uncommon instance in which the Western District does not accept the Defendant’s mis-characterization of the Plaintiff’s evidence. The case concerns a warehouse supervisor who suffered from diabetes. The diabetes lead to complications which caused pain and swelling in his feet. The doctor recommended Mr. Rodriguez take 15 minute breaks every two hours. Mr. Rodriguez could still work during those 15 minute…
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Lawyer Paul MacNeal Davis of Dallas decided to go to the demonstrations in Washington, D.C., to show his support for Pres. Trump. He posted a video of himself on Instagram outside the Capitol building. He said he had been tear-gassed. He said it was not acceptable to tear-gas the protestors. He said “we” were trying to get into the capitol to stop the certification of votes and to make sure the voting machines were inspected.…
Lawyer Jerome Marcus has asked to be allowed to withdraw from his lawsuit against the state of Pennsylvania. In that suit, he represents Pres. Trump. The suit alleges voting irregularities. Lawyer Marcus is known for his statement in court several weeks ago that he is alleging “a non-zero” number of Republicans observing the vote tallies. In other words, he told the judge there were one or more Republicans observing the vote counting. He made the…
Pres. Trump’s lawyers filed dozens of what can only described as “frivolous” lawsuits. Yet, so far, no lawyer has been sanctioned. Most of us would expect some sort of sanction if we had filed a lawsuit completely lacking in evidence. But, in one of the lawsuits, Judge Boasberg did indicate he would consider sanctions. That lawsuit was filed seeking to block Congress from declaring Joe Biden the duly elected President. The suit asked that various…
With a nod to the research of Steve Vladeck, a University of Texas School of Law professor, the coming vote on Jan. 6, 2021 is over-stated in one key respect. Under Sec. 1 of the 20th Amendment, the current Presidential term ends on Jan. 20, no matter what. If no President then is qualified to assume the position going forward on Jan. 20, then the Vice-President elect will serve in the office until a President…
The Fifth Circuit has resurrected the self-serving affidavit theory. The theory makes no sense. The so-called self-serving affidavit refers to persons who submit testimony in the form of an affidavit. If the affidavit supports the witness, then that testimony carries less weight – or no weight. In Salazar v. Lubbock County Hospital District, No. 20-10322 (5th Cir. 12/7/2020), for example, the court rejected the plaintiff’s testimony, because it was the only evidence disputing Defendant’s evidence.…
Pro se cases (i.e., for self) typically result in dismissal. These are lawsuits filed by a layperson on his/her own behalf – without a lawyer. I previously posted about a pro se lawsuit here. In another such case, Wynne v. Jubilee Academy, No. 19-CV-00739 (W.D. Tex.), the plaintiff filed the suit herself. Although Ms. Wynne prepared professional looking pleadings and even successfully sought to amend her Complaint, her case was dismissed. The employer filed…
Four former top aides to Attorney General Ken Paxton are suing him for violating state whistle blower laws. I wrote about that lawsuit here. AG Paxton has hired Bill Helfand, a well-known Houston employment lawyer, to defend him. Mr. Helfand will be paid $540 per hour for his services. In answer to the lawsuit, AG Paxton says the four were fired due to their incompetence, misconduct and/or disloyalty.
The four former top aides include Blake…
If you work for a company for a few years and maintain your LinkedIn account, you will build up a set of contacts based on your employment. What happens if those contacts are customers? Do they belong to you or to your employer? That was the issue in Cellular Accessories for Less, Inc. v. Trinitas, 2014 WL 4627090 (C.D. Calif. 9/16/2014). David Oakes worked for Cellular Accessories for several years. He built up a lengthy…
Those of us who work with the Equal Employment Opportunity Commission know how difficult it is for folks to convey to the EEOC their complaints. The EEOC is always in a hurry. They do not always take the time necessary to understand an employee’s complaint. So, it is not surprising that in Apache Corp. v. Davis, 573 S.W.3d 475 (Tex.App. Hou. 2019), the employee’s complaint was not completely expressed in her charge. She fully conveyed one…