OUTCOME: After 8 years of investigations, a trial and two appeals, the client won a six figure award for age discrimination.
Client was fired in 2006 because of her age. After the Texas Workforce Commission-Civil Rights Division investigated her complaint, client filed suit alleging age discrimination in 2008. Jason as lea...d counsel obtained a verdict and six figure award for the client. The Company appealed, which the Court of Appeals denied in 2013. The company appealed to the Texas Supreme Court, which denied the appeal in 2014. Jason stood by his client every step of the way.
Appeals
Winning for the Underdog at the Texas Supreme Court: Scoresby v. Santillian, 346 S.W.3rd 546 (Tex. 2011).
Jul 01, 2011
OUTCOME: After a strong oral argument by Jason C.N. Smith before the Texas Supreme Court, the Court ruled 7-2 for Jason's client and announced a relaxed standard for allowing other victims of medical negligence to proceed in court.
Santillian filed an expert report as required for a medical malpractice case. But the Doctors sought to dismiss his case anyway on a technicality. Given the Texas Supreme Court's history of routinel...y ruling for doctors, the odds were only about 15% chance that Santillian's case would be allowed to proceed.
Employment and labor
Donna the Woman Railroader
Jan 25, 1999
OUTCOME: Jury awarded $600,000 in sexual harassment case.
Donna worked for the railroad like her grandfather before her. Donna did a great job but was subjected to unwanted sexual harassment in the workplace. Shortly after Donna stood up and reported the se...xual harassment, the company turn its back on Donna as they pushed her out the door.
Donna's case was Jason Smith's first jury trial. The judge seemed skeptical that Donna could prevail, but submitted the case to a jury to decide. Through preparation of Donna and other evidence, and through cross examining the railroad's witnesses, Jason was able to present a compelling case to the jury that Donna was a great employee who was subjected to sexual harassment and runoff by the railroad for reporting it.
In closing argument, Jason asked the jury to award $400,000 to Donna for damages. The jury ignored this request, instead awarding $600,000 in damages. After the hearing the evidence at jury trial, the judge awarded every penny in attorney fees that Donna requested.
Donna's case was the first verdict in Tarrant County for a victim of sexual harassment. Before Donna's trial, nine other sexual harassment cases were tried in Tarrant County, all resulting in jury verdicts for the employer.
Jason Smith was honored to stand up for Donna.
