Charter schools have become an increasingly popular alternative to traditional public schools in Texas and across the United States. But one question that has been raised is whether charter schools are considered arms of the state for, among other things, legal immunity purposes. In Texas, this question has been particularly
After a lawsuit is filed and before it makes it to a jury, there are oftentimes various procedural hurdles it needs to clear. Two of the most common in employment law cases are motions to dismiss and motions for summary judgment. Motions to dismiss typically
One of the most efficient ways in the discrimination context to show that an employer’s stated reason for termination is false is showing that it has changed its reason for termination. The applicable case law calls these shifting reasons, and it is a powerful tool in
One of the most common things I hear during consultations is a worker telling me that they “do not have any evidence” of to support their story. They go on to elaborate that they have no documents, emails, or anything tangible to further their claim. While
Your employer has just fired you for an illegal reason. What do you do next? Your next step is probably contacting an employment lawyer. Indeed, it probably should be. Then let’s say you hire an employment lawyer who tells you you have a really strong
On December 18, 2020, I published a blog all about 42 U.S.C. § 1981 (“§ 1981” or “Section 1981”) claims. I’m sure you remember it. It was pretty great, if I do say so myself.
But just in case, very briefly, § 1981 prohibits race discrimination
“The man who represents himself has a fool for a client.”
Abraham Lincoln, often credited for authoring the epigraph for this paper, was a lawyer before he ever became the sixteenth President of the United States. The late President’s pithy statement is directed at those
In 2019, the attorneys at Wiley Walsh, P.C. acted as lead counsel in two federal jury trials and one arbitration. With help by attorneys from Wiley Wheeler, P.C. on the jury trials and help by attorneys from Rob Wiley, P.C., our clients prevailed in all three proceedings. We also co-counseled with the EEOC in a case that resulted in a cutting-edge consent decree against a major airline involving online sexual harassment.
In 2020, despite a pandemic, shelter-at-home-orders, and the closing of the courts to in person proceedings, we did even better. Although, there were no trials, our appellate docket was very successful.
And it started right away. First, on January 7, the Administrative Review Board reversed summary judgment against one of our clients asserting retaliation under the Surface Transportation Assistance Act. We alleged that our client was retaliated against by a trucking company for reporting safety issues. The Administrative Review Board held that our client was entitled to a full hearing on the merits. That hearing is currently scheduled for April 2021.
Continue Reading 2020 was a very good year for our clients and Wiley Walsh, P.C.
When you have found an attorney who is willing to file a lawsuit on your behalf, or perhaps you have decided to file one yourself pro se, you may think this guarantees your day in court. After all, the Seventh Amendment of the United States Constitution states: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.”
Continue Reading Filing a Lawsuit Does Not Guarantee Your Day in Court – Be Prepared to Fight for It
