Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Tag Archives: attorney’s fees

Texas Supreme Court Holds Defendant Attorney Fee Data Not Normally Discoverable

Posted in Case Summaries
In many employment disputes, the recovery of reasonable attorney’s fees is an element a prevailing plaintiff-employee can recover. Some plaintiffs attempt to show the reasonableness of their counsel’s rates and fees by comparing it to the rates and amounts billed by the employer’s counsel. In In re National Lloyds Ins. Co., et al., the Texas… Continue Reading

Fifth Circuit Holds That Attorney’s Fees Not Recoverable In Title VII Mixed-Motive Retaliation Case

Posted in Case Summaries, Retaliation
In a recent case from the Fifth Circuit, the Court held that attorney’s fees are not recoverable for a prevailing plaintiff in a Title VII mixed-motive retaliation case. In Carter v. Luminant Power Serv. Co., the plaintiff employee brought a Title VII discrimination and retaliation claim alleging that he was disciplined for his complaints of racial… Continue Reading

Employment Lawyers Must Document Their Efforts to Recover Attorney’s Fees under Texas Commission on Human Rights Act

Posted in Case Summaries, Discrimination, Harassment, Retaliation
Prevailing plaintiffs in employment discrimination, harassment and retaliation cases can recover attorney’s fees their attorney’s incur in prosecuting those claims.  In many instances the attorney’s fees sought can exceed the monetary relief the plaintiff obtains and can act as a serious impediment to prompt settlement.  Since most of these cases are done on a contingency… Continue Reading

One Reason Employers Settle Employment Disputes

Posted in News & Commentary
 Herman Cain is in the news for all the wrong reasons.  During his tenure at the National Restaurant  Association the Association apparently settled two complaints of sexual harassment involving Cain.   I have no idea what the underlying allegations were against Cain or whether the settlements were made to avoid inconvenience and buy peace or because the… Continue Reading

Supreme Court of Texas Hears Oral Argument in Two Employment Cases

Posted in Judicial Updates, News & Commentary
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 upon remand… Continue Reading

Supreme Court of Texas Agrees to Hear Two Employment Cases

Posted in Case Summaries, Discrimination, Judicial Updates
The Supreme Court of Texas has agreed to hear argument in two employment cases.  In Prairie View A&M University v. Diljit K. Chatha, (No. 10-353) the Court agreed to consider whether the 180-day statute of limitations for a government employee’s complaint about discriminatory pay begins from the date of the first paycheck reflecting the decision or the (earlier) date on… Continue Reading