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Results: 1-10 of 42

Expert testimony and evidence of causation

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • June 11 2007

Studies relied upon by experts must give adequate basis for the expert’s opinion that the types of chemicals plaintiffs were exposed to in their marine employment can cause their particular injuries in the general population

Employers must notify workers when leave is counted against FMLA entitlement

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 28 2008

Under the FMLA, once an employer knows that an employee is taking leave for an FMLA required reason, the employer must give the employee individualized notice that the leave will be counted against the employee’s FMLA entitlement

Jurors side with railroad tie factory

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 26 2008

On Feb. 11, 2008, a jury in the 96th Judicial District Court of Tarrant County, Texas returned a verdict finding that Burlington Northern Sante Fe Railway Company (BNSF) was not responsible for the plaintiff’s stomach cancer

Supreme Court upholds CBA arbitration clause for age discrimination claims

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • May 27 2009

On April 1, 2009, in a victory for unionized employers, the Supreme Court upheld an arbitration clause in a collective bargaining agreement (CBA) requiring employees to arbitrate ADEA claims

Supreme Court of Texas lightens standard for non-competes

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • May 27 2009

Covenants not to compete traditionally have been difficult to enforce in Texas

General contractors beware: OSHA multi-employer citation policy alive and well

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • May 27 2009

In a decision with significant implications for construction companies, the Eighth Circuit Court of Appeals in Secretary v. Summit Contractors affirmed OSHA's ability to issue citations to employers under the Multi-Employer Citation Policy, even when they did not create a worksite hazard and even when the employer's own employees are not exposed to the hazard

Supreme Court case on retaliation

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 20 2009

While Congress and the President appear posed to expand employee rights, the Supreme Court recently expanded employees' ability to allege retaliation in Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee

Ledbetter v Goodyear

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • July 5 2007

In a recent Supreme Court case, the Court addressed the issue of discriminatory pay claims under Title VII of the Civil Rights Act of 1964

California wage litigation heats up

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • July 5 2007

In April 2007, the California Supreme Court issued a decision that defense and plaintiff ’s lawyers alike have been anxiously awaiting

Family responsibility discrimination - a litigation hotbed

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • July 5 2007

Although the District of Columbia and Alaska are the only jurisdictions which prohibit discrimination on the basis of family responsibility, family responsibility discrimination cases have increased almost 400 percent in the last decade

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