Articles

Truth defeats a tortious interference with contract claim

June 16, 2017 | By DEBORAH LA FETRA

Telling the truth is not a tort. Today, as PLF urged in its amicus brief, the Texas Supreme Court ruled in Community Health Systems v. Hansen that truth is an absolute defense to an intentional interference with contract claim. The case arose when the College Station Medical Center terminated Dr. Henry Hansen's employment contract. In making this d ...

Articles

Telling the truth is not a tort

January 25, 2017 | By DEBORAH LA FETRA

Embedded in American mythology is the legend of young George Washington chopping down a cherry tree, and, when confronted by his father, confessing "I cannot tell a lie." Since our earliest days, American law has placed high value on the communication of truthful information, in recognition that an open society encourages trade and business relatio ...

Articles

National Labor Relations Act vs. Federal Arbitration Act

September 30, 2016 | By DEBORAH LA FETRA

Laaaaaadies and gentlemen! In this corner: the National Labor Relations Act, a national heavyweight born in the New Deal, protecting workers' rights to "concerted activities" for their mutual benefit! And in this corner: the Federal Arbitration Act, a powerful 1925 rebuff to the judiciary's then-hostility to arbitration, protecting the freedom of ...

Articles

Belts, suspenders, and overalls–the pointless and harmful growth of wrongful discharge law

September 17, 2015 | By ETHAN BLEVINS

caption id="attachment_38590" align="alignright" width="188" Mr. Burns agonizing over the chaos of modern employment law/caption The Supreme Court of Washington is on a crusade to protect workers from evil bosses even when it's unnecessary and hurts everyone. Washington, like most states, has an at-will employment rule. Employers and employ ...

Articles

Everybody wins with at-will employment

April 24, 2015 | By ETHAN BLEVINS

In the U.S.A. of old, your boss could fire you if he didn't like the color of your socks, the smell of your lunch, or the pitch of your sneeze. And you could get up and walk whenever it suited you. While the latter remains true, the traditional rule that an employer can discharge staff at will has undergone some erosion over the last five decades ...