Formalism matters in federal court. One cannot obtain access to the courtroom without presenting the jurisdictional key to the courtroom door. A fundamental principle of subject matter jurisdiction is that parties asserting...more
7/16/2019
/ Appeals ,
Article III ,
Citizenship ,
Diversity Jurisdiction ,
Evidence ,
Limited Liability Company (LLC) ,
Partnerships ,
Principal Place of Business ,
Remand ,
Residency Status ,
Standing ,
State of Incorporation ,
Statutory Requirements ,
Subject Matter Jurisdiction
Federal Rule 52(a) requires that when a district court conducts a bench trial, it is obliged to “find the facts specially.” In its recent significant decision in ENI US Operating Co., Inc. v. Transocean Offshore Deepwater...more
Partial Final Judgments Under Rule 54(b). Rule 54 of the Federal Rules of Procedure authorizes a Court to enter judgment. It was amended early on specifically to address circumstances under which a “final judgment” could be...more
3/13/2019
/ Civil Claims ,
Complex Litigation ,
Federal Rules of Appellate Procedure ,
Final Judgment ,
FRCP 54(b) ,
Interim Remedies ,
Multi-Claim Litigation ,
Multi-Jurisdictional Litigation ,
Notice of Appeal ,
Notice Requirements ,
Partial Final Judgment ,
Time-Barred Claims ,
Trial Practice Guidance
Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more
3/9/2019
/ Appeals ,
Consultants ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Oil & Gas ,
Penalties ,
Popular ,
Right to Control ,
Staffing Agencies ,
Statutory Penalties ,
Totality of Circumstances Test ,
Unpaid Overtime ,
Well Drilling ,
Written Agreements
Through its establishment of “judgments as a matter of law,” Rule 50 of the Federal Rules of Procedure provides a mechanism by which a party can seek to obtain judgment at various points in a case after the trial begins, and...more
The United States Supreme Court began its 2018 term on Monday, October 1. So far, it has agreed to review three employment cases: Lamps Plus v. Varela; New Prime v. Oliveira; and Mt. Lemmon Fire Dist. v. Guido. These cases...more
10/4/2018
/ ADEA ,
Age Discrimination ,
Arbitration Agreements ,
Class Arbitration ,
Commercial Truck Drivers ,
Corporate Counsel ,
Employment Contract ,
Firemen ,
Independent Contractors ,
Lamps Plus Inc v Varela ,
Misclassification ,
Mount Lemmon Fire District v Guido ,
New Prime v Oliveira ,
Public Employers ,
SCOTUS ,
Uber
G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate -
By far, the most recent, significant arbitration development for construction law practitioners was the...more
7/18/2016
/ Arbitration ,
Builder's Risk Exclusion ,
Condominiums ,
Construction Industry ,
Construction Project ,
General Contractors ,
Housing Developers ,
Hurricane Season ,
Insurance Brokers ,
Motion to Compel ,
Non-Signatories ,
Property Damage ,
Subcontractors ,
TX Supreme Court ,
Waivers
On December 4, 2015, the Texas Supreme Court provided significant guidance for employers by clarifying the relationship between the Texas Worker’s Compensation Act and the federal Family Medical Leave Act ("FMLA") in...more
The United States Department of Labor (DOL) has fired a new salvo in its war on worker misclassification in the form of Administrator's Interpretation 2015-1, which challenges the widespread employer practice of declaring the...more
Use of a Dress Code Gone Bad -
Employers catering to the public, or relying upon in-person customer contacts to promote their businesses, have frequently established employee "dress codes" to regularize the appearance of...more
6/4/2015
/ Abercrombie & Fitch ,
Appearance Policy ,
Disparate Impact ,
Disparate Treatment ,
Dress Codes ,
EEOC v Abercrombie ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Reasonable Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII
This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment."
The United States Court of Appeals for the Fifth Circuit recently...more
This is the sixth of a seven-part series describing "Hot Employment Topics for 2014." Part VI focuses upon "Use of Marijuana in the Workplace."
Recent publicity about the enactment of laws in several states legalizing...more
This is the fifth of a seven-part series describing "Hot Employment Topics for 2014." Part V focuses upon "Use of Arrests and Convictions in the Employment Process."
One hot topic in 2014 will be the issue of employer...more
This is the second of a seven-part series describing "Hot Employment Topics for 2014." Part II focuses upon "The Aftermath of the Demise of the Defense of Marriage Act."
The United States Supreme Court in 2013 struck...more
This is the first of a seven-part series describing "Hot Employment Topics for 2014." Part I focuses upon "The New World of Disabilities Discrimination."...more
In a 10-6 decision following en banc review, the United States Court of Appeals for the Fifth Circuit recently decided, in Equal Employment Opportunity Commission v. Boh Brothers Construction Co. L.L.C., that an iron worker...more
INTRODUCTION. The U.S. Supreme Court has issued two significant employment decisions: Vance v. Ball State University (addressing the issue of who is properly called a "supervisor" when assessing workplace harassment claims);...more