Topic
Pretext
81 published works
California Appellate Report
People v. McCowan (Cal. Ct. App. – Jan. 13, 2026)
By Shaun Martin
The police conduct a traffic stop, find an illegal weapon, and arrest the driver. The driver asserts that the stop was pretextual, and the officer testifies and is then cross-examined…
Texas Employment Lawyer
Was An Employer’s Reason for Termination Worthy of Credence? Fifth Circuit Weighs In
In employment law, the concept of pretext refers to a false or fabricated reason given by an employer to justify an adverse employment action, such as termination, demotion, or refusal…
San Antonio Employment Law Blog
Texas Supreme Court Disregards Direct Evidence
In employment lawsuits, the nub of the matter is often the alleged pretext. The employer argues the personnel decisions as completely normal and free of discriminatory bias. The plaintiff argues…
Constitutional Law Prof Blog
Second Circuit Says No Pretext Limit on Government Taking Power
The Second Circuit rejected a claim by property owners that a local government violated the Takings Clause by taking private property for concededly public, but pretextual, reasons. The ruling means…
Pierson Ferdinand Blog
Rose-Colored Glasses Don’t Save Plaintiff’s Discrimination Claim
Establishing that an employer’s stated legitimate reason for an adverse action is a “pretext” for discrimination requires more than a former employee’s word for it.So held the United States Court…
Ogletree Deakins Insights
Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary Judgment
The Fifth Circuit Court of Appeals recently issued a ruling concerning the discharge of Michael Harris from his position with the City of Schertz, Texas, as the city marshal. In…
The Right Coast
U.S. Says Russia Planned to Fabricate Pretext for Invasion – The New York Times
WASHINGTON The United States has acquired intelligence about a Russian plan to fabricate a pretext for an invasion of Ukraine using a faked video that would build on recent disinformation…
Labor & Employment Insights
Stick to Your Story: Employer’s Shifting Termination Justifications Can Cause Employer to Have to Explain Its Discharge Decision to a Jury
By John P. Rodgers, Anne R. Yuengert
If you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts…
On Brief: Iowa's Appellate Blog
Why the Iowa Supreme Court declined to outlaw ‘pretextual’ traffic stops under the Iowa Constitution
By Rox Laird
On June 28 the Iowa Supreme Court handed down a decision in a case that presented an opportunity to strike down as unconstitutional so-called pretextual traffic stops by law enforcement…
On Brief: Iowa's Appellate Blog
Why the Iowa Supreme Court declined to outlaw ‘pretextual’ traffic stops under the Iowa Constitution
By Rox Laird
On June 28 the Iowa Supreme Court handed down a decision in a case that presented an opportunity to strike down as unconstitutional so-called pretextual traffic stops by law enforcement…