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 […]