Victories
Most employers insist that settlements be kept confidential. However, we are very proud of the following published opinions that are in the public record.
Fighting Race Discrimination in the Dallas Police DepartmentWe represented a crime scene detective who claimed that the nearly all white crime scene unit sought to exclude African-Americans. After intense litigation in federal court, the City approved a settlement. We continue to vigorously pursue race discrimination claims on behalf of other police offices and public employees.
Forcing AT&T to Extend Benefits to Gay and Lesbian Domestic Partners
Thought negotiation and a media campaign, we forced AT&T to change its policy to allow gay and lesbian domestic partners to take family/medical leave. Consistent with their former policy, AT&T had denied our client the right to take time off work to care for his partner after a stroke. The new policy took effect February 1, 2010. AT&T is the eighth largest company in America and employs over 300,000 workers.
Winning Reinstatement for a School Counselor
We represented a Dallas Independent School District counselor who was notified she would be terminated after she blew the whistle on alleged TAKS testing violations. We appealed the termination through the TEA’s administrative process. In the end, members of the DISD School Board reviewing the matter voted unanimously to reinstate our client.
Winning the Right for Group Home Caregivers to be Compensated for Sleep Time
This firm represents several residential care givers who provide group home care to mentally challenged residents. The caregivers work from the afternoon until the following morning. A significant amount of their work time is spent sleeping on the premises, where they are forbidden from seeing friends and family, have limited telephone use, and are not allowed to leave the home. The employer did not pay the employees for approximately eight hours each night of sleeping time. In competing summary judgment motions, and after responses, replies, and surreplies, the Federal District Court Judge granted our motion and denied the defendant's motion. The case is Ranson, et al. v. Newstart, Inc., et al., 4:07-cv-240-y (N.D.Tex. Aug. 28, 2008).
Winning the Right for State Employees to Take Medical Leave
This firm represents an individual who was fired for absenteeism by the University of Texas at Dallas. Our client contends he was on medical leave as authorized by the Family Medical Leave Act (FMLA) when he was fired. The State of Texas argued that the federal government has no authority to pass such a law and that such a law is unconstitutional a applied to the State of Texas. Unfortunately, this "states rights" view has been adopted in this area of the country. However, in a genius move, we also sued the president of the University of Texas at Dallas under a precedent from a 1908 Supreme Court case called Ex Parte Young. The Federal District Court Judge, a very smart and highly respected judge, did not buy our end run around states rights, and dismissed the case. We appealed to the Fifth Circuit Court of Appeals where we faced off against the Solicitor General of the State of Texas. In a unanimous opinion, a panel of three appellate judges ruled in our favor. The Fifth Circuit held that our case was governed by the 100-year-old precedent and that we met all elements of the test. This is a huge civil rights and employment victory, as it effects all employees of the State of Texas; indeed the largest employer in Texas is the state, its agencies, and universities. The case is Nelson. v. University of Texas at Dallas, et al., 535 F.3d 318 (5th Cir. 2008).
Making DISD Pay for Fraud Regarding HIV and AIDS Education Funding
We represented a Dallas Independent School District employee who alleged that the DISD was misusing HIV and AIDS funding. Our suit alleged that money intended for HIV and AIDS programming was instead being used for general purposes. In the end, DISD paid $336,472.50 to settle the suit. Read more at the Dallas Morning News blog.
Turning the Tables on Bombardier Flexjet
We represented a Bombardier Flexjet Pilot who was forced to sign a training reimbursement agreement in connection with his employment. When the pilot left to join another company, Flexjet sued to collect its training costs. Turning the tables on the company, we countersued for deceptive trade practices. After a weeklong trial, the jury found no breach of contract against the pilot. Instead, the jury sided with us and found that Flexjet’s actions were deceptive trade practices. Read more that the Dallas Morning News website.