Motions to disqualify counsel are not common in civil litigation locally, and motions based not on conflicts but on counsel’s conduct in litigation are even rare. This order from Judge Mazzant addresses this issue in a case where the attorneys’ conduct in the case was at issue.
The other Sherman holding of interest outside the litigation world recently was Judge Mazzant’s ruling invalidating the Obama administration’s rule expanding overtime protections for white collar workers, discussed below.
Depending on the facts involved, a plaintiff asserting unlawful discrimination can allege an unfavorable action (termination, failure to promote, etc.), retaliation and harassment. In this case the plaintiff claimed all three, and Defendant sought summary judgment as to all three. In his report and recommendation on the motion, attached, Judge Payne recommended that it be granted as to two of the claims, and denied as to the third, writing that
This is a FLSA case in which the defendant’s amended partial motion for summary judgment sought relief as to severalof the asserted claims. The magistrate judge detailed the facts of the case and granted the motion in part, as set forth in his report, attached and discussed below.
This is a Fair Labor Standards Act (FLSA) case in which the defendants sought to compel plaintiffs to arbitrate their disputes and stay the litigation pending that arbitration. As noted below, the Court granted the motion as to one group of plaintiffs, but declined to stay the litigation with respect to the other.
Plaintiff, an Eastern District of Texas business, sued a former employee to enforce a noncompete agreement after the employee went to work for a competitor. Judge Mitchell granted the preliminary injunction in part, as noted in the attached order and as discussed below.