- Home
- Books and Journals
- James Publishing Practical Law Books Archive
- Texas Employment Law. Volume 2 - 2016
- Appendices
- Trial Forms
Plaintiff's Trial Brief: Evidence of Similar Incidents Is Relevant and Admissible
CAUSE NO.
[STYLE]
TO THE HONORABLE JUDGE OF THE COURT:
Defendant requests this court to limine out evidence relating to other employee’s complaints or claims against the Plaintiff’s supervisor and/or the Defendant. The type of evidence Defendant seeks to exclude is relevant and admissible. Further, Defendant’s primary authority does not stand for the proposition for which Defendant suggests.
Defendant cites Hirase-Doi v. U.S. West Communications, Inc., 61 F.3d 777, 782 (10th Cir. 1995) for the proposition that the only evidence which may be relied upon is of instances of harassment directed towards the Plaintiff. However, Defendant misconstrues and omits pertinent portions of the court’s holding. Specifically, the court rejected U.S. West’s argument that the plaintiff could not rely on harassment suffered by other individuals to establish a hostile work environment. Id. at 782. In fact, the court had previously held in Hicks v. Gates Rubber Co., 833 F.2d 1406, 1415-16 (10th Cir. 1987) that “evidence of a general work atmosphere including evidence of harassment of other women may be considered in evaluating a claim.” Id. at 782. The court went on to hold that, so long as the plaintiff presents evidence that she was subject to harassment by the individual, other instances are admissible. Id.
Further, Defendant attempts to rely on Harpring v. Continental Oil Co., 628 F.2d 406, 410 (5th Cir. 1980), cert denied, 454 U.S. 819 (1981) for the position that similar complaints are not admissible. However, again, an accurate review of the case reveals that information from one of the witnesses for plaintiff was excluded because the evidence...
To continue reading
Request your trial- Appendices
- Trial Forms
- Defendant's Proposed Questions and Instructions to the Jury and Memorandum of Law: Age (Reduction In Force) and Race Discrimination Case (Federal Court)
- Plaintiff's Jury Instructions and Jury Charge: Whistleblower Case (State Court)
- Defendants' Motion in Limine: Age/Race Discrimination (Federal Court)
- Plaintiff's Motion in Limine for Employment Cases in General
- Plaintiff's Trial Brief: Evidence of Similar Incidents Is Relevant and Admissible
- Direct Examination Outline: Plaintiff's Economist in Employment (and P.I. Cases)
- Direct Examination Outline: Defendant's H.R. Manager
- Unopposed/Opposed Motion and Brief for Use of Jury Questionnaire
- Order Granting Use of Jury Questionnaire
- Defendant's Jury Questionnaire
- Defendant's Limine Motion in Employment Cases in General (Fed.)
- Defendant's Proposed Voir Dire Questions for Judge: Age, Race, RIF Cases
- Defendant's Jury Instructions and Questions: Sex Discrimination, Retaliation and FLSA Violations (Fed.)
- Motion to Strike Witnesses
- Brief in Support of Motion to Strike and Objections to Fact Witnesses (Fed.)
- Order on Motion to Strike Witnesses and Objections to Fact Witnesses (Fed.)
- Direct: Treating Psychologist For Plaintiff
- Stipulation: Corporation Assumes Liability for Subsidiary or Related Companies (State/Fed.)
- Stipulation: Plaintiff's Damages
- Stipulation: Plaintiff's Reasonable and Necessary Attorney's Fees
- Defendant's Trial Brief: F.I., Breach of Contract, Handbook, Mitigation
- Defendant's Proposed Voir Dire: Age, Race (Fed.)
- Juror Personal History Questionnaire
- Juror Questionnaire - Gender Discrimination and Breach of Contract
- Plaintiff's Motion in Limine - Gender Discrimination Case - State Court
- Plaintiff's Requested Jury Instructions and Questions - Gender Discrimination and Breach of Contract
- Defendant's Requested Jury Instructions and Written Interrogatories
- Sample Jury Charge-Non-Compete Case
- Plaintiff's Jury Demand
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.