El Paso, TX
Employment and labor Lawyer at El Paso, TX
Practice Areas: Employment & Labor, Wrongful Termination ... +3 more
OUTCOME: Employee won appeal
Appeal on arbitration agreements. 8th Court of Appeals held that agreements in English should be translated to Spanish for Spanish speaking employees. As significant inroad into arbitration agreemen ... ts.
OUTCOME: Case remanded to State Court.
Roger Davie won a significant remand of a case to Federal Court. The Defense in an attempt to go to Federal Court where employees are at a distinct disadvantage vs State Court removed this case claimi ... ng a fraudulent joinder of an individual defendant who was a state resident. The Court ruled that claims of assault and false imprisonment were separate and distinct from State employment laws.
OUTCOME: Employee won and was not required to go to arbitraton
This was an appeal by the defendant of a denial of arbitration by the District Court. The defendant was attempting to get a case moved to arbitration (where employees are at a distinct disadvantage ve ... rses a State Jury trial). The District Judge found that the defendant who did not speak English (Spanish was her native language) could not be held to an English version of an agreement to arbitrate. The Defendant appealed the case to the 8th Court of Appeals (El Paso) and the Appellate Court found that under the facts of this case that an English only arbitration agreement was invalid and the case was order to trial at the State level.
OUTCOME: Court has Jurisdiction of Discrimination and Retaliation Claim
Appeal to 8th Court of Appeals and Texas Supreme Court. Ruling that Trial Court has Jurisdiction over Disability and Retaliation case.
OUTCOME: Reversed - Ordered to Trial
Appeal overturning an order to Arbitrate in the 8th Court of Appeals - El Paso, TX.
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