work injury

This is another case where the Supreme Court went out of its way to deny the poor and injured the right to a trial with a jury. Shockingly the Texas legislature had enacted Sec 74.451 of the Civil Practice and Remedy Code which put limits on arbitration agreements between doctors and patients.  The statute reads as

Title VII – the main Discrimination Statute in the United States has damage caps based on the number of employee: For employers with 15-100 employees, the limit is $50,000. For employers with 101-200 employees, the limit is $100,000. For employers with 201-500 employees, the limit is $200,000. For employers with more than 500 employees, the

Title VII – the main Discrimination Statute in the United States has damage caps based on the number of employee: For employers with 15-100 employees, the limit is $50,000. For employers with 101-200 employees, the limit is $100,000. For employers with 201-500 employees, the limit is $200,000. For employers with more than 500 employees, the

Drilling company Patterson-UTI Energy Inc. on Tuesday agreed to pay $12.2 million to settle the U.S. Equal Employment Opportunity Commission’s lawsuit accusing it of discriminating against its minority workers and allowing a hostile work environment.  The settlement will compensate minority workers who were subject to discrimination since 2006.  This is not the first time a

Front pay compensates the employee for the future effects of discrimination when reinstatement would be an appropriate, but not feasible, remedy or for the estimated length of the interim period before the plaintiff could return to her former position. Pollard v. E.I. du Pont de Nemours & Co., 532 U.S. 843, 850 (2001).  Although reinstatement is

Many employers who have group health insurance for their employees have what are known as “wellness programs”.  These programs are designed as incentives for employees to have more healthful lifestyles.  As part of these programs the employees are sometimes required to give personal information such as blood pressure readings, cholesterol reading and Body Mass Index

Roger Davie was named as a Super Lawyer again in 2015 in the area of Employment law. this is a Nation wide award that is given to only the premier lawyers in the Nation.  The receipients are vetted through local nominations of other practicing attorneys.  This is considered one of the most prestigious awards to be

As I have written about before you can prove an age discrimination case by circumstantial evidence if you can prove that you were replaced by a substantially younger individual and that there was no reason or a false reason for your termination.  But the question that always arises is what is substantially younger?  The 5th

Recently the 5th Circuit Court of Appeals reversed a decision dismissing an employee’s lawsuit on discrimination for lack of evidence.  In this case of Etienne v. Spanish Lake Truck & Casino Plaza, L.L.C., 547 Fed. App. 484 (5th Cir. 2015) the 5th Cir held that evidence a decision-making supervisor’s comment to an employee seeking promotion that