In the Fifth Circuit, which includes Texas, Louisiana, and Mississippi, Title VII does not prohibit discrimination based on sexual orientation or transgender status
Tag: Fifth Circuit Court of Appeals
The Fifth Circuit Issues Its First Decision on the Defend Trade Secrets Act
The Fifth Circuit Court of Appeals recently ruled that: (1) a party must “prevail” before it can recover any attorney’s fees under the Defend Trade Secrets Act and (2) a plaintiff’s dismissal of its claims without prejudice does not confer the “prevailing party” status on defendants.
Failure to Define “Fee” in a Contract Results in a $5.5M Award Against Yahoo!
When contractual language is not clear, a lot of times, the court will look at the intent of the parties in entering into the contract and analyze the entire contract to make sure that its interpretation of the disputed clause does not contradict or render other parts of the contract meaningless.
A Minority Employee Must Be “Clearly Better Qualified” For Promotion to Succeed in an Employment Discrimination Claim
Just before the New Year’s Eve, the Fifth Circuit Court of Appeals topped off 2014 with yet another pro-employer decision. In Martinez v. Texas Workforce
Foreign Plaintiff v. Foreign Defendant Destroys Diversity even if the Plaintiff’s Principal Place of Business is in Texas
The Fifth Circuit Court of Appeals started the new year with a quick civil procedure lesson, ruling yesterday in Vantage Drilling Company v. Hsin-Chi Su
The Fifth Circuit Allows Class Arbitration Waivers in Employment Agreements
Last week, the Fifth Circuit Court of Appeals joined the Ninth, Second and Eighth Circuits in holding that class arbitration waivers in employment agreements are