The enforceability of various “non-” provisions in a contract was at issue on these objections to a report & recommendation.
FRCP 12(b)(6) motions are sometimes joined with 12(e) requests for more information. This order granted or denied the former – no repleading required.
This case involves a preschool teacher who alleged she was discharged due to her disability. Defendant sought partial summary judgment on damages due to to her alleged failure to mitigate.
This is a sex discrimination case in which the magistrate judge recommended that summary judgment be granted in part – a recommendation that the district judge accepted.
Motions to dismiss pursuant to FRCP 12(c) are not the most favored motions in the world. For that reason, this EDTX order arising out of the world of college basketball granting one in part is helpful to practitioners because it shows the type of grounds that can be successful across a variety of claims. Although, in fairness, it might be better categorized as showing the arguments that are likely to be unsuccessful.
This is a particularly interesting opinion resolving multiple competing summary judgment motions in an employment case against a county brought by a female doctor who discovered she was being paid less than a subsequently hired male doctor. What makes this case interesting is that the EEOC filed suit against the county on behalf of the doctor, and then the EEOC, and the county filed cross motions for summary judgment against each other as well as against the doctor.
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.