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? […]

Should Your Business Utilize Non-Compete Agreements?

/cdklawyers.com// 07/14/2012 Dallas, Texas non-compete attorney Keith Clouse both drafts non-compete agreements and litigates disputes over non-compete agreements for his corporate clients. He notes that some businesses fail to protect their assets with non-compete agreements. He offers the following reasons why a company should consider entering into non-compete agreements with key employees.   Entering into […]

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 […]

Dallas, Texas Non-Compete Lawyer Discusses Reformation of Non-Compete Agreements

/cdklawyers.com// 07/08/2012 Dallas, Texas non-compete lawyer Keith Clouse both drafts non-compete agreements and litigates disputes over alleged breaches of non-compete agreements. He notes that, in Texas, these agreements must meet certain legal standards to be enforced. If a non-compete provision does not satisfy those standards, a court must reform the agreement and enforce it as […]

Fifth Circuit Court of Appeals Rules on Independent Contractor/Employee Legal Issue

/cdklawyers.com// 06/29/2012 The Fifth Circuit Court of Appeals recently ruled on an indemnity issue. Mid-Continent Cas. Co. v. Davis, No. 11-10142 (5th Cir. June 8, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-10142-CV0.wpd.pdf.   A construction worker died, and his family filed a wrongful death action against the construction company he worked for. The district court concluded that the […]