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Pretext

81 published works

  1. 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…

  2. Texas Employment Lawyer

    Was An Employer’s Reason for Termination Worthy of Credence? Fifth Circuit Weighs In

    By Areyana Gilbert

    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…

  3. San Antonio Employment Law Blog

    Texas Supreme Court Disregards Direct Evidence

    By Thomas J. Crane

    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…

  4. Constitutional Law Prof Blog

    Second Circuit Says No Pretext Limit on Government Taking Power

    By Steven D. Schwinn

    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…

  5. Pierson Ferdinand Blog

    Rose-Colored Glasses Don’t Save Plaintiff’s Discrimination Claim

    By Amy Epstein Gluck

    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…

  6. Ogletree Deakins Insights

    Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary Judgment

    By By: Brandon E. Strey

    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…

  7. The Right Coast

    U.S. Says Russia Planned to Fabricate Pretext for Invasion – The New York Times

    By Thomas A. Smith

    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…

  8. 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…

  9. 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…

  10. 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…