Earlier this year, the United States Court of Appeals for the Fifth Circuit issued a significant decision in Trinseo Europe GmbH v. Kellogg Brown & Root, L.L.C., No. 24-20460, providing important guidance on damages calculation in trade secret misappropriation cases. The case demonstrates the importance of apportioning damages among the various trade secrets that
U.S. Supreme Court Wrap-up of Employment Law Cases 2014-15 Term
This past term saw the Supreme Court issue four opinions in labor and employment cases. In case you missed them, the following is a brief summary of the holdings from those cases.
EEOC v. Abercrombie & Fitch Holding that Title VII’s prohibition against refusing to hire an applicant to avoid accommodating a religious practice that
2011-2012 Term U.S. Supreme Court Wrap-Up of Employment Cases
Last week the U.S. Supreme Court ended its 2011-12 Term. Here are summaries of the labor and employment cases decided this term.
Hosanna-Taylor Evangelical Lutheran Church and School v. EEOC, (No. 10-553) (holding that teacher at religious school qualified as a "minister" within the meaning of the ministerial exception to Title VII and therefore
Texas Supreme Court Agrees to Hear Age Discrimination Case
Last week the Supreme Court of Texas granted a Petition for Review to hear the case of Mission Independent School District v. Garcia. While the petition for review has three issues (issue four was not challenged by the respondent), only one is relevant to private employers. The school district argues for a bright line rule that
Supreme Court of Texas Hears Oral Argument in Two Employment Cases
Yesterday, the Supreme Court of Texas heard oral argument in two employment cases.
In El Apple I, Ltd. v. Olivas, (No. 10-0490), the Court is considering whether detailed lodestar attorney fee calculation is required with breakdowns for each specific task. Also under consideration is whether appellate fees should be calculated in advance or only
Employment Cases Scheduled for the 2011-12 Supreme Court Term
Pre-game preparations are underway for the first Monday in October when the U.S. Supreme Court will commence its 2011-12 Term. Here are the employment-related cases that are expected to be decided this Term.
Hosanna-Tabor Church v. EEOC (10-553) To decide whether the ministerial exception, which prohibits most employment-related lawsuits against religious organizations by
Wal-Mart v. Dukes Not Evidence of High Court Pro-Business Slant
I keep reading reports that Wal-Mart v. Dukes, where the Court reversed a class certification including 1.5 million women (who worked all over the U.S. under different supervisors at different stores) that was based on the company giving supervisors too much discretion, 125 anecdotal stories and an expert report employing dubious social framework analysis, demonstrates that the Court has
U.S. Supreme Court Wrap-Up: 2010-11 Term
The U.S. Supreme Court has issued the last of its employment-related decisions for the 2010-11 Term. Here is a brief summary of the labor and employment cases decided this term.
- Kasten v. Saint-Gobain Performance Plastics Corp., (No. 09-834) (holding that an employee has engaged in protected activity under the FLSA even if his only complaint is an
Dallas Court of Appeals Rejects Wrongful Termination Claim for Voting in Election
Earlier this week the Dallas Court of Appeals rejected an employee’s attempt to create a new wrongful termination cause of action. In Martin v. Clinical Pathology Lab., Joyce Martin sued her employer for terminating her employment after she requested time off to vote in the November 2008 General Election. According to her petition, Martin
Texas Supreme Court Agrees to Hear Dispute over Employment Agreement to Waive Jury Trial of Disputes
The Supreme Court of Texas has agreed to hear the case of In re Frank Kent Motor Co. d/b/a Frank Kent Cadillac, No. 10-0687. In that case, the Fort Worth Court of Appeals denied the employer’s application for writ of mandamus and refused to overrule the trial court’s decision not to enforce/honor an agreement between the