Texas Supreme Court rules owners free from icy weather premises liability
The state’s high court has determined that falling on ice or mud resulting from precipitation are both beyond the control of premises owners.
Texas Supreme Court to decide on dog sentimental value case
The court has taken up the issue of whether dog owners can sue for the “emotional value” of their pets.
Dallas Noncompete Lawyer Discusses Evolution of Texas Noncompete Law
/cdklawyers.com// 10/26/2012 Dallas noncompete lawyer Keith Clouse has practiced employment law for over 20 years. During that time span, he has closely monitored trends and developments in noncompete law. This area of the law changes rapidly, and each new case provides insight into how courts will interpret and enforce these agreements. At one time, […]
Texas Supreme Court Issues Opinion Regarding Pay Discrimination Matter
/cdklawyers.com// 09/06/2012 The Texas Supreme Court recently addressed an issue of first impression: Does the federal Lilly Ledbetter Fair Pay Act apply to claims brought under the Texas Commission on Human Rights Act so that the 180-day limitations period begins anew each time a claimant receives a paycheck containing a discriminatory amount? Prairie View A&M […]
Texas Supreme Court Addresses Age Discrimination Issue
/cdklawyers.com// 07/20/2012 The Texas Supreme Court recently addressed an age discrimination issue. Mission Consolidated Indep. Sch. Dist. v. Garcia, No. 10-0802 (Tex. June 29, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/jun/100802.pdf. The Court addressed the question: Can a plaintiff establish a prima facie case of age discrimination when undisputed evidence shows she was replaced by someone older? […]
Texas Supreme Court Addresses Attorney’s Fee Award in Employment Discrimination Matter
/cdklawyers.com// 07/13/2012 The Texas Supreme Court recently considered the calculation of an attorney’s fee award in an employment discrimination and retaliation case brought pursuant to Texas’s antidiscrimination statute. El Apple I, Ltd. v. Olivas, No. 10-0490, (Tex. June 22, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/jun/100490.pdf. Texas uses the lodestar method when awarding attorney’s fees. A court […]
Texas Supreme Court Clarifies Issues Regarding Wrongful Termination Cases in Texas
/cdklawyers.com// 04/27/2012 The Texas Supreme Court recently ruled on a case involving the wrongful termination of an employee because the employee refused to perform an illegal act. Safeshred, Inc. v. Martinez, No. 10-0426 (Tex. Apr. 20, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/apr/100426.pdf. The employee refused to drive a truck because the truck did not comply with […]
Supreme Court throws out wrongful termination award to trucker
The Texas Supreme Court deemed a trucker awarded in excess of $200,000 for an improper firing claim ineligible for punitive damages.
Texas Supreme Court Addresses Jury Trial Waiver in an Employment Law Matter
/cdklawyers.com// 03/16/2012 The Texas Supreme Court recently held that a threat to fire an at-will employee for refusing to sign a jury waiver does not amount to coercion that would invalidate the jury waiver agreement. In re Frank Kent Motor Co., No. 10-0687 (Tex. March 9, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/mar/100687.pdf. The at-will employee had […]
Texas Supreme Court Rules on Workers’ Compensation Coverage Issue
/cdklawyers.com// 02/10/2012 The Texas Supreme Court recently ruled on a workers’ compensation coverage issue. Port Elevator-Brownsville, L.L.C. v. Casados, No. 10-0523 (Tex. Jan. 27, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/jan/100523.pdf. The plaintiffs’ son suffered a fatal work-related injury while working as a temporary worker for Port Elevator. The plaintiffs did not seek workers’ compensation benefits from Port […]
Texas Noncompete Attorney Explains Recent Change to Texas Noncompete Law
/cdklawyers.com// 10/14/2011 Keith Clouse, a Dallas, Texas noncompete attorney, explains how a recent Texas Supreme Court opinion radically changes Texas noncompete law. This summer, the Texas Supreme Court ruled that a covenant not to compete signed by an employee in consideration of stock options was enforceable because the company’s provision of stock options was reasonably […]
Texas Supreme Court Rules on Workers’ Compensation Issue
/cdklawyers.com// 09/16/2011 The Texas Supreme Court recently ruled on an issue involving the Texas Workers’ Compensation Act. Ins. Co. of the State of Penn. v. Muro, No. 09-0340 (Tex. Aug. 26, 2011), available at http://www.supreme.courts.state.tx.us/historical/2011/aug/090340.pdf. The plaintiff sought lifetime workers’ compensation income benefits after she fell at work and injured her hips, back, shoulder […]