United States Fifth Circuit

In a wrongful discharge claim under Texas law, although the jury could infer that claimant was fired solely for not obtaining a waiver from a co-worker after an injury, a take-nothing judgment was proper where evidence was insufficient to show that the conduct would have been illegal.

Appellate Information

• Decided 10/04/2002
• Published 10/04/2002

Judges

• ROBERT M. PARKER, Circuit Judge:, Before KING, Chief Judge, PARKER, Circuit Judge, and ELLISON, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James H. Wood,The Wood Law Firm, Amarillo, TX, Russell H. McMains (argued), Law Offices of Russell H. McMains, Corpus Christi, TX, Dick W. DeGuerin (argued), DeGuerin & Dickson, Houston, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Robert M. Cohan (argued), Mark Raymond Steiner, Scott Masur McElhaney, Jackson Walker, Dallas, TX, Kelly D. Utsinger, Underwood, Wilson, Berry, Stein & Johnson, Amarillo, TX, for Defendant-Appellee.