§Why CasetextPricing

Callais v. United Rentals North America, Inc.

REPLY MEMORANDUM in Support of 40 MOTION for Summary Judgment

11 Cited authorities

  1. Laxton v. Gap Inc.

    333 F.3d 572 (5th Cir. 2003)   Cited 1,037 times   2 Legal Analyses
    Holding that "the discriminatory animus of a manager can be imputed to the ultimate decisionmaker if the [manager]. . . . `had influence or leverage over'" the ultimate decisionmaker (quoting Russell v. McKinney Hosp. Venture, 235 F.3d 219, 226 (5th Cir.2000))

  2. S.W.S. Erectors, Inc. v. Infax, Inc.

    72 F.3d 489 (5th Cir. 1996)   Cited 951 times   1 Legal Analyses
    Holding that an affidavit executed by the defendant's attorney did not commence the renewed removal period, under the second paragraph of § 1446(b), because the affidavit did not arise from a voluntary act by the plaintiff

  3. Mayberry v. Vought Aircraft Co.

    55 F.3d 1086 (5th Cir. 1995)   Cited 685 times   2 Legal Analyses
    Holding in a work-rule violation case that “by insisting that there was no racial motivation in its decision to suspend Mayberry that the decision was based solely on its conclusion, following an investigation, that Mayberry was at least partially at fault ... [the employer] has discharged its burden of production.”

  4. Perez v. Region 20 Educ. Serv. Ctr.

    307 F.3d 318 (5th Cir. 2002)   Cited 471 times
    Holding that the TCHRA "does not expressly waive sovereign immunity in federal court"; "the Texas Whistleblower Act's waiver of sovereign immunity in Texas state court does not amount to a waiver of its sovereign immunity in federal court."

  5. Taylor v. Principal Financial Group, Inc.

    93 F.3d 155 (5th Cir. 1996)   Cited 539 times
    Holding that "the employee's initial request for an accommodation . . . triggers the employer's obligation to participate in the interactive process of determining one"

  6. Burton v. Freescale Semiconductor, Inc.

    798 F.3d 222 (5th Cir. 2015)   Cited 293 times   2 Legal Analyses
    Holding that employer regarded the plaintiff as disabled when the supporting documentation for plaintiff's termination specifically tied "complaints about [plaintiff's] conduct to her asserted medical needs," including emails that "extensively discuss[ed] [the plaintiff's] health condition and reference her need ‘to sit down for a bit,’ ‘chest pains,’ and trouble breathing"

  7. Burch v. Coca-Cola, Co.

    119 F.3d 305 (5th Cir. 1997)   Cited 255 times   3 Legal Analyses
    Holding that alcoholism is not a per se disability under the ADA and evidence that alcoholics, in general, are impaired is inadequate to show the substantial limitation of one or more major life activities

  8. Delaval v. Ptech Drilling Tubulars, LLC

    824 F.3d 476 (5th Cir. 2016)   Cited 143 times   1 Legal Analyses
    Finding that employee who failed to follow up with medical documentation fatally hindered the interactive process

  9. Amie v. El Paso Independent School District

    253 F. App'x 447 (5th Cir. 2007)   Cited 33 times
    Determining that the district court did not abuse its discretion by striking an individual's affidavit that contained "no factual support for her personal knowledge"

  10. Burns v. Texas City Refining, Inc.

    890 F.2d 747 (5th Cir. 1990)   Cited 43 times
    Finding a willful violation when plaintiff presented evidence that employer acted to terminate him because of his age and before his pension benefits vested

  11. Section 23:331 - Veterans

    La. Stat. tit. 23 § 331   Cited 37 times   1 Legal Analyses

    A. It shall be unlawful discrimination in employment to discharge, otherwise discipline, threaten to discharge, or threaten to discipline any veteran for taking time away from work to attend medical appointments necessary to meet the requirements to receive his veterans benefits. B. The veteran shall verify his attendance of the medical appointment, if requested by his employer, by presenting a bill, receipt, or excuse from the medical provider. C. If a veteran is discharged, disciplined, or has