U.S. Fifth Circuit Court of Appeals Affirms Summary Judgment and Attorneys’ Fees in Favor of MARTCO in an FMLA and Title VII case

July 14, 2021

The Gold Weems Employment Team of Steven M. Oxenhandler and Michael J. O’Shee successfully defended a large manufacturing client in a federal lawsuit alleging wrongful employer retaliation against an employee and discrimination against him on the basis of race.

In Anderson v. MARTCO, a former employee claimed MARTCO discharged him for two (2) reasons: (1) FMLA (Family and Medical Leave Act) retaliation; and (2) Title VII civil rights discrimination.  The U.S. District Court rejected both claims and granted summary judgment and attorneys’ fees to MARTCO.  Plaintiff then appealed to the US Fifth Circuit Court of Appeals.  On 7/14/21, the Fifth Circuit affirmed both the summary judgment and award of attorneys’ fees in favor of MARTCO.  The US District Court and US Fifth Circuit decisions are attached.

US 5th Circuit Opinion
US District Court Memorandum Ruling of MSJ
US District Court Memorandum Ruling Granting Attorneys' Fees and Cos