Fifth Circuit Rules on CBA Matter

/cdklawyers.com// 09/20/2012 The Fifth Circuit Court of Appeals recently held that a plaintiff’s collective bargaining agreement did not provide the exclusive remedy for her sex discrimination claim. Ibarra v. United Parcel Serv., No. 11-50714 (5th Cir. Sept. 13, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-50714-CV0.wpd.pdf.   After being fired, the plaintiff filed a grievance under her union’s collective […]

Fifth Circuit Court of Appeals Rules in Same-Sex Discrimination Matter

/cdklawyers.com// 08/03/2012 The Fifth Circuit Court of Appeals recently ruled in a same-sex age discrimination case brought by the EEOC. EEOC v. Boh Bros. Const. Co., L.L.C., No. 11-30770 (5th Cir. July 27, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-30770-CV0.wpd.pdf.   The EEOC brought a Title VII case on behalf of a male construction worker who claimed that […]

Fifth Circuit Rules in Physician’s Employment Discrimination Case

/cdklawyers.com// 03/22/2012 The Fifth Circuit Court of Appeals recently ruled in a physician’s employment discrimination case. Nassar v. Univ. of Tex. S.W. Medical Center, No. 11-10338 (5th Cir. March 8, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-10338-CV0.wpd.pdf. The jury found that the doctor was constructively discharged and retaliated against. The employer appealed.   Constructive discharge claims are essentially […]

Fifth Circuit Court of Appeals Reverses Summary Judgment in Race Discrimination Case

/cdklawyers.com// 12/31/2011 The Fifth Circuit Court of Appeals recently reversed a summary judgment for an employer in a race discrimination case. Vaughn v. Woodforest Bank, No. 11-60102 (5th Cir. Dec. 21, 2011), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-60102-CV0.wpd.pdf.   Although she received a favorable performance review, the plaintiff was fired for “unsatisfactory conduct” after the employer conducted a […]

Fifth Circuit Court of Appeals Examines Workers’ Compensation Benefits and Subrogation Rights

/cdklawyers.com// 12/09/2011 Following a collision that rendered him paraplegic, an employee was paid workers’ compensation benefits. He and his wife sued several third parties for causing the wreck. His employer intervened to protect its subrogation rights for the workers’ compensation benefits it had paid to the employee. Following a vacated jury verdict, the parties settled. […]

Fifth Circuit Court of Appeals Rules on Finder’s Fee Agreement Under Texas Law

/cdklawyers.com// 09/30/2011 The Fifth Circuit Court of Appeals recently addressed finder’s fees under Texas law. CB Legal Search, L.L.C. v. Lewis Brisbois Bisgaard and Smith, L.L.P., No. 11-20127 (5th Cir. Sept. 16, 2011), available at http://www.ca5.uscourts.gov/opinions/unpub/11/11-20127.0.wpd.pdf. In 2006, a legal recruiter introduced LBBS, a law firm, to two partners at BRG, another law firm. The […]

Fifth Circuit Court of Appeals Rules for Employer in FMLA Matter

/cdklawyers.com// 09/10/2011 The Fifth Circuit Court of Appeals recently ruled for an employer in a dispute centered on the Family Medical Leave Act. Baham v. McLane Foodservice, Inc., No. 10-10944 (5th Cir. July 1, 2011). While on vacation, the plaintiff’s daughter was injured. The plaintiff completed some FMLA paperwork while he stayed with his daughter […]

Fifth Circuit Court of Appeals Addresses FLSA Issue

/cdklawyers.com// 01/08/2011 The Fifth Circuit Court of Appeals recently addressed an issue arising under the Fair Labor Standards Act.  Martin v. PepsiAmericas, Inc., No. 09-60896 (5th Cir. Dec. 28, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/09/09-60896-CV0.wpd.pdf.  The plaintiff sued her former employer for unpaid overtime wages.  The district court granted the employer’s motion to dismiss after finding that […]

Fifth Circuit Court of Appeals Resolves ERISA Issue

/cdklawyers.com// 12/29/2010 The Fifth Circuit Court of Appeals recently resolved a case concerning the Employee Retirement Income Security Act of 1974.  Leipzig v. Principal Life Ins. Co., No. 10-10394 (Nov. 29, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/10/10-10394.1.wpd.pdf. The plaintiff alleged that the insurance company denied his disability insurance claim in violation of ERISA, and he appealed a […]