divorceKnowing that his old high school friend Iman Dedbeet had just been taken to the cleaners by his ex-wife Goldilocks in a nasty divorce, Johnny Clueless decided to help Iman out by hiring him as his general sales manager at Clueless Automotive. Johnny knew that Goldilocks got full custody of Dedbeet’s kids and that Dedbeet

smokingFaced with increasing healthcare costs and wanting to be a good role model, Gus Grohcer of Canned Foods 4 Less advises all prospective employees that he does not hire smokers and tests for nicotine, making all job offers “contingent upon passing a pre-hire drug screen including nicotine test.” During the ninety day probationary period, Chimm

I.M. Dense, a stockbroker employed by BI Lough was driving to a non-business event when he struck and injured a motorcyclist. On personal time, in a personal vehicle and using a personal cell phone, Dense admitted that he was responding with text messages to “cold call” responses from earlier in the day. “Cold calls” are a common practice at BI Lough. Did I.M. Dense break the law? Even if he did not commit a crime / violation, is he responsible just for being on the phone? What about Dense’s employer BI Lough?

Texting Against the Law?

Maybe. It depends upon where I.M. Dense was and how old he is. If he is under 18 or in a school zone, he broke state law. Texas state law prohibits anyone under the age of 18 from driving and using wireless communications devices or from using a handheld device in a school zone. If I.M. Dense was texting and driving within the city limits of any one of 23 Texas towns including, for example, Austin, El Paso and San Antonio, he violated a city ordinance. Being ticketed for violating a city ordinance does not carry the same penalties as a state moving violation that would affect Dense’s driving record.


Continue Reading Texting Trouble: Who’s Liable?

Willa Bepayed is a standout attacker and a Senior on State Tech’s volleyball team. Willa read about Kan Doit, the Southeastern quarterback who’s leading the unionization drive before the National Labor Relations Board (NLRB). Like Kan, Willa Bepayed and her teammates also routinely spend 40 to 50 hours a week on volleyball – a full-time job. She also contends that her commitment discouraged her from entering State Tech’s pre-med program. Can Willa Bepayed and her teammates form their own union and bargain collectively? If so, do they risk encountering negative consequences if they are permitted to unionize?

Not likely to unionize, in Texas. The NLRB decision is limited to private universities as public institutions are governed by state labor laws. And, given that 24 states, including most of the South, are right-to-work jurisdictions, the vast majority of major college football teams could not unionize as Southeastern may.


Continue Reading Gimme a U-N-I-O-N!

Whizzle Blour, a professor of surgery at University Medical School, complained to his supervisor that trauma residents at University Hospital were treating and operating on patients without an attending physician’s supervision in violation of Medicare and Medicaid law.  After agreeing to settle those federal claims, University Hospital stripped Whizzle of his faculty chair position claiming he was a poor administrator. Later he was fired. He filed a whistleblower suit alleging his demotion was in retaliation for reporting the federal law violations. Will Whizzle Blour prevail?

No. Whizzle Blour failed to prove all the required elements for retaliation under the Texas Whistleblower Act (TWA). Reporting the Medicare and Medicaid violations to his supervisor did not satisfy the TWA because the supervisor was not qualified as “an appropriate law enforcement entity.”


Continue Reading Whistleblowers, Do Tell?

As 2013 was winding down, the law firm of Dewey, Cheatum & Howe also known as www.BestLawfirmEver.com was calculating its partners’ year end distributions. Before the ink was dry, Dewey announced he was leaving, taking an associate AND the law firm website www.BestLawfirmEver.com. Cheatum and Howe were convinced that the domain name and the website stayed with them and the other lawyers at the firm because their client was the web designer Dee Sine. Who wins?


Continue Reading Domain Names – Possession is 9/10ths of the Law

Twas the week before Christmas when at the North Pole,

Santa checked his throughput and moaned, “We’re in a hole!”

“We’ll never get done, we’re far from ready, let’s get some interns – some students will do.

Surely they’ll want to learn what elves can do!”

“On Juniors and Seniors, Thetas, Lambda Chi’s, you’ll

Ellen Tabby, an African-American, has worked for Binge and Purr, a cat food manufacturing company, for several years.  Tabby reports to Stephanie Schnauzer, who is white. Tabby and Schnauzer argue like cats and dogs. Tabby is convinced that Schnauzer’s poor attitude toward her is rooted in the fact that Tabby is African-American.   Although Schnauzer directs

Stressed out from her job as the manager of Brewed Awakening, a Houston-area coffee shop, Mary Jane Blunt heads to Colorado with her family for a well-deserved Spring Break ski vacation.  Blunt is excited to learn that Colorado recently legalized marijuana.  While on vacation, Blunt fully enjoys Colorado’s beautiful slopes and relaxed drug laws.  

Assult RifleLast month Tilting pondered an owner’s liability to customers from violence at the midnight showing of “Paladin – the Gentleman Black Knight” – the remake. Patrons and employees alike were ambushed at the Orpheum Theater. According to news reports the Paladin look-alike bought a ticket. After the movie started he slipped out through an emergency