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 Commission, the Court found that a Mexican-American employee failed to show that he was passed over for promotion because of his national origin…

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 that lawsuits of foreign corporations with a principal place of business in Texas against foreign defendants belong in state,…

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 enforceable, notwithstanding the right of employees to engage in concerted activities under the National Labor Relations Act (NLRA). The…

The ADA Does Not Require a Nexus Between a Requested Accommodation and an Essential Job Function – Says the Fifth Circuit

The Fifth Circuit Court of Appeals recently ruled in Feist v. State of Louisiana, that a “reasonable accommodation” under the Americans with Disabilities Act (ADA), does not need to “relate to the performance of essential job functions.” In reversing the district court, the Court…

Defamatory Statements Made In Another State: Can You Sue In Texas?

These days, virtually anybody can write something online and have it go viral in a matter of hours. A person’s or a business’s reputation can be ruined in a matter of days by somebody’s thoughtless or malicious remarks. So, what is a person to…

Important Employment Law Cases to Follow in 2013

Vance v. Ball State University (7th Cir. 2011) – Who is a “Supervisor” under Title VII?  The U.S. Supreme Court will resolve a split between federal appellate courts regarding the definition of a “supervisor” for purposes of liability under Title VII. Specifically, the Court will decide…

Employer Can Access Employee’s Cell Phone under the Stored Communications Act

In December, the Fifth Circuit Court of Appeals in Garcia v. City of Laredo, et al. found that an employer who accessed its employee’s cell phone without her permission did not violate the Stored Communications Act. The employer, a city police department, terminated the employee after…

The 5th Circuit Upholds a Ban on Sale of Firearms to People Under 21

Last month, the 5th U.S. Circuit Court of Appeals upheld a 1968 law that prohibits federally licensed firearm dealers from selling handguns to people under age 21. The National Rifle Association challenged the law soon after the U.S. Supreme Court declared a broad Second Amendment…

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