Federal judges are judges for life. Pauline Newman was appointed to the Federal Circuit Court of Appeals in 1984. The court hears patent claims and customs issues. In 2023, responding to complaints by staff that Judge Newman was being abusive, the judicial council for the Federal Circuit suspended Judge Newman, saying she had shown signs
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Infowars to Be Sold
So, now Infowars will be auctioned off. Alex Jones opposed the move in a Houston bankruptcy court. But, theJudge found that was the way to best satisfy the judgments against the conspiracy theorist. See CBS news report here. I previously wrote about Alex Jones and the lawsuits against him here and here.
It’s…
Things Employers Can Ask in a Job Interview
There are several things an employer can ask in an interview. Let’s discuss a few.
1. How old are you? This is not a good question to ask. There are very few jobs in which age is a legitimate requirement for the job. Inevitably, this question will suggest age bias. It is best to not…
Fifth Circuit Overturned Seven Times
Those of us who practice within the boundaries of the Fifth Circuit (Texas, Louisiana and Mississippi) have known for some time that the Fifth Circuit has become the most aggressively conservative appellate court in the country. In fact, when the U.S. Supreme Court overturned Roe v. Wade in 2022, that was an appeal from a…
Fifth Circuit Overturned Again
The Fifth Circuit Court of Appeals has been overruled a few times in the past few years. You know a court is too conservative when it is too conservative even for the very conservative U.S. Supreme Court. In the latest example, a group of five plaintiffs filed suit in the Western District of Louisiana objecting…
Fifth Circuit Reverses Summary Judgment
Summary judgment is the employer’s go-to defense to a discrimination lawsuit. For a few decades now, many Federal judges have used summary judgment as a tool for clearing his/her docket. But, in Dabassi v. Motiva Enterprises, No. 23-20166 (5th Cir. 7/16/2024), the court of appeals reversed the district court’s grant of summary judgment. In this…
DEI Training Presents Risks for the Employer
DEI (Diversity, Equity and Inclusion) is under a magnifying glass in many sectors, one of which is employment. Joshua Young, a correctional officer in the Colorado prison system filed suit after he was required to attend DEI training. He alleged the DEI training left him feeling marginalized. The training discussed “white supremacy” and “white exceptionalism.”…
Fifth Circuit Requires Odd Practice
In a recent decision, the Fifth Circuit has suggested an odd practice. In Bunker v. Dow Chemical, No. 24-20046 (%th Cir. 8/7/2024), Ms. Bunker filed her EEOC charge, but she did not check the block at the top for “FEPA.” It is important to check that block to indicate you, as the Charging Party wish…
Project 2025 and Workers
There has been much talk about Project 2025, a book published by the Heritage Foundation. Many of the authors were major players in the last Trump administration. So, we can expect the contents of the almost 900 page book to fuel many policy proposals in a new Trump administration, if there is one. The book…