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
Fifth Circuit Holds That Attorney’s Fees Not Recoverable In Title VII Mixed-Motive Retaliation Case
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
Employment Lawyers Must Document Their Efforts to Recover Attorney’s Fees under Texas Commission on Human Rights Act
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
One Reason Employers Settle Employment Disputes
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
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
Texas to Consider Loser Pays System of Civil Justice
According to the New York Times, Texas will consider whether to adopt a "loser pays" rules for civil cases. The rule, similar to the English Rule, would that require the losing party in a civil case to pay the attorney’s fees and costs of the prevailing party. It is unclear whether this rule, if passed
Supreme Court of Texas Agrees to Hear Two Employment Cases
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