Latest 2 Cases: Cordua Restaurants, Inc. v. National Labor Relations Board (Labor & Employment Law), Echeverry v. Jazz Casino Co., LLC (Personal ...

Remembering Deborah Rhode: Co-Author, Friend, and Feminist Co-Conspirator

JOANNA L. GROSSMAN, KATHARINE BARTLETT, DEBORAH L. BRAKE

SMU Dedman School of Law professor Joanna L. Grossman, Duke Law professor Katharine T. Bartlett, and Pitt Law professor Deborah L. Brake reflect on the life and achievements of Professor Deborah Rhode, who recently passed away. Professors Grossman, Bartlett, and Brake describe Professor Rhode’s countless contributions to the legal academy and to the fight for gender equity.

Read More

Cordua Restaurants, Inc. v. National Labor Relations Board

Docket: 19-60630

Opinion Date: January 11, 2021

Judge: Stephen Andrew Higginson

Areas of Law: Labor & Employment Law

The Fifth Circuit denied a petition for review of the BIA's order finding that the employer violated the National Labor Relations Act (NLRA) by firing an employee for engaging in activities protected under the Act. The court held that the Board is entitled to summary enforcement of its order remedying the employer's Section 8(a)(1) violation with respect to the no-solicitation rule. The court also held that the employer waived issues related to the employee's engagement in protected activities and the Board's finding that management had knowledge of the employee's protected conduct. The court concluded that substantial evidence supports the Board's finding of animus, and substantial evidence supports the Board's finding that the employer's purported reasons for firing the employee were pretextual. Therefore, the employer has failed to establish that it would have fired the employee absent his engagement in protected conduct. Finally, the court upheld the Board's order directing the employer to offer the employee full reinstatement and backpay.

Echeverry v. Jazz Casino Co., LLC

Docket: 20-30038

Opinion Date: January 11, 2021

Judge: Leslie Southwick

Areas of Law: Personal Injury

After plaintiff was injured when a manlift struck her outside Harrah's Casino in New Orleans, a jury found Jazz Casino negligent, assigning it 49% of the fault. Plaintiff was awarded, among other jury awards, $1,000,000 for future pain and suffering. The Casino appealed. The Fifth Circuit held that the evidence was sufficient to support the negligent-hiring claim; the evidence was sufficient for the jury to find the Casino liable for plaintiff's injury under an operational-control theory; and the evidence was sufficient for a reasonable jury to conclude that the Casino had authorized unsafe work practices. The court also held that none of the objected-to evidence was erroneously admitted at trial. However, the court held that the jury's $1,000,000 award for future pain, suffering, mental anguish, disability, scarring, and disfigurement was excessive. Accordingly, the court affirmed the district court's denial of Casino's motion for judgment as a matter of law and motion for a new trial; vacated the award for future pain and suffering; and remanded for further proceedings.