Summary Judgment Granted in Part in Non-Compete Case
The enforceability of various “non-” provisions in a contract was at issue on these objections to a report & recommendation.
Employment Law
Dismissal, Not More Definite Statement
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.
Partial summary judgment
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.
Summary Judgment Granted in Part in Discrimination Case
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.
FRCP 12(c) Motion to Dismiss Recommended Granted in Part
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.
Competing Summary Judgment Motions in Pay Disparity Case
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.
Motion to Disqualify Counsel Based on Litigation Conduct
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.
Summary Judgment Granted Invalidating Obama-Era Rule Expanding Overtime Protection
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.
Summary judgment granted in part in age discrimination case
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
Motion for Partial Summary Judgment Granted in Part in FLSA Case
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.