Latest 3 Cases: MMR Constructors, Inc. v. Director, Office of Workers' Compensation Programs (Admiralty & Maritime Law), Corn v. Mississippi ...

Whence Cometh Evil? Making Sense of Human Suffering and COVID-19

CHARLES E. BINKLEY

Surgeon and bioethicist Charles E. Binkley, MD, offers a perspective on how we might make sense of suffering, particularly in light of the present COVID-19 pandemic. Binkley suggests that through suffering, we are paradoxically able to find good, and in this instance, that good might be the practice of social reciprocity.

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MMR Constructors, Inc. v. Director, Office of Workers' Compensation Programs

Docket: 19-60027

Opinion Date: March 26, 2020

Judge: W. Eugene Davis

Areas of Law: Admiralty & Maritime Law, Personal Injury

The Fifth Circuit affirmed the Board's order awarding benefits to claimant under the Longshore and Harbor Workers' Compensation Act. The court held that claimant was on navigable waters at the time of injury and thus his case was controlled by Dir., OWCP, U.S. Dep't of Labor v. Perini N. River Assocs., 459 U.S. 297, 299 (1983). In this case, because claimant was regularly employed by MMR on navigable waters and, under Perini, meets the "employee" definition, it follows that MMR had at least one employee engaged in maritime employment.

Corn v. Mississippi Department of Public Safety

Docket: 19-60247

Opinion Date: March 26, 2020

Judge: Carl E. Stewart

Areas of Law: Civil Rights, Constitutional Law

The Fifth Circuit affirmed the district court's order granting several motions for judgment on the pleadings brought by defendants in a First Amendment retaliation action. The action stemmed from the termination of plaintiffs, two state employees, for allegedly reporting an internal investigation into patrol officers' issuing non-existent traffic violations. The court held that Eleventh Amendment sovereign immunity barred plaintiffs' claims. The court also held that the district court correctly dismissed plaintiffs' section 1983 claim for retaliation in violation of First Amendment rights for failure to allege sufficient facts that plaintiffs spoke as a citizen on a matter of public concern.

Miller v. Travis County

Docket: 19-50360

Opinion Date: March 26, 2020

Judge: Jerry E. Smith

Areas of Law: Labor & Employment Law

After a jury awarded plaintiffs each damages for unpaid overtime under the Fair Labor Standards Act (FLSA), the jury determined that the county had not shown that plaintiffs' recommendations as to other employees were given "particular" weight" or that their primary duties were management. Plaintiffs are lieutenants in the Travis County Sheriff's Office, and their main responsibility is to manage the operation of units of sergeants and deputies. The county claimed that plaintiffs were executive employees and thus exempt from the FLSA's overtime mandate. The Fifth Circuit held that the evidence was sufficient for a rational juror to conclude that the county had not met its burden of demonstrating that plaintiffs' recommendations are given particular weight, so much so that the jury acted irrationally in concluding otherwise. The court also held that the district court did not abuse its discretion in refusing to grant a new trial.