Fifth Circuit Court of Appeals Examines Workers’ Compensation Benefits and Subrogation Rights
/cdklawyers.com// 12/09/2011 Following a collision that rendered him paraplegic, an employee was paid workers’ compensation benefits. He and his wife sued several third parties for causing the wreck. His employer intervened to protect its subrogation rights for the workers’ compensation benefits it had paid to the employee. Following a vacated jury verdict, the parties settled. […]
Fifth Circuit Affirms Judgment for Employer in Disability Case
/cdklawyers.com// 11/03/2011 The Fifth Circuit Court of Appeals recently affirmed a decision for an employer in a disability case. Griffin v. United Parcel Service, Inc., No. 10-30854 (5th Cir. Oct. 19, 2011), available at http://www.ca5.uscourts.gov/opinions/pub/10/10-30854-CV0.wpd.pdf. Following leave and because his previous position had been filled, an employee was assigned to an overnight shift. The […]
Fifth Circuit Court of Appeals Rules on Finder’s Fee Agreement Under Texas Law
/cdklawyers.com// 09/30/2011 The Fifth Circuit Court of Appeals recently addressed finder’s fees under Texas law. CB Legal Search, L.L.C. v. Lewis Brisbois Bisgaard and Smith, L.L.P., No. 11-20127 (5th Cir. Sept. 16, 2011), available at http://www.ca5.uscourts.gov/opinions/unpub/11/11-20127.0.wpd.pdf. In 2006, a legal recruiter introduced LBBS, a law firm, to two partners at BRG, another law firm. The […]
Fifth Circuit Court of Appeals Rules for Employer in FMLA Matter
/cdklawyers.com// 09/10/2011 The Fifth Circuit Court of Appeals recently ruled for an employer in a dispute centered on the Family Medical Leave Act. Baham v. McLane Foodservice, Inc., No. 10-10944 (5th Cir. July 1, 2011). While on vacation, the plaintiff’s daughter was injured. The plaintiff completed some FMLA paperwork while he stayed with his daughter […]
Fifth Circuit Court of Appeals Addresses FLSA Issue
/cdklawyers.com// 01/08/2011 The Fifth Circuit Court of Appeals recently addressed an issue arising under the Fair Labor Standards Act. Martin v. PepsiAmericas, Inc., No. 09-60896 (5th Cir. Dec. 28, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/09/09-60896-CV0.wpd.pdf. The plaintiff sued her former employer for unpaid overtime wages. The district court granted the employer’s motion to dismiss after finding that […]
Fifth Circuit Court of Appeals Resolves ERISA Issue
/cdklawyers.com// 12/29/2010 The Fifth Circuit Court of Appeals recently resolved a case concerning the Employee Retirement Income Security Act of 1974. Leipzig v. Principal Life Ins. Co., No. 10-10394 (Nov. 29, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/10/10-10394.1.wpd.pdf. The plaintiff alleged that the insurance company denied his disability insurance claim in violation of ERISA, and he appealed a […]
Fifth Circuit Court of Appeals Issues Opinion Regarding Disability Discrimination
/cdklawyers.com// 12/14/2010 The Fifth Circuit Court of Appeals recently addressed disability discrimination under the Americans with Disabilities Act. Winborne v. Sunshine Health Care, Inc., No. 09-60765 (5th Cir. Nov. 17, 2010), available at: http://www.ca5.uscourts.gov/opinions/unpub/09/09-60765.0.wpd.pdf. The plaintiff worked as a nurse for the defendant, a rest home. She suffered attacks involving temporary loss of awareness, but […]