Keene & Seibert’s attorneys maintain a rigorous schedule of professional outreach as sought-after educational resources for the healthcare industry.
Nov 15, 2016 – Med Mal Seminar on Damage Caps
Mark A. Keene was honored to present a CLE-approved seminar to the Austin Bar Association’s Health Law Section. The presentation addressed Damage Caps in Medical Malpractice Cases and the power point slide show is available on the Firm’s home page, and upon request.
Medical Malpractice Presentation
Federal Court of Appeals Reverses Jury Verdict in Closely-Watched Employment Case
In a closely-watched appeal, the 5th Circuit Court of Appeals reversed a jury verdict, and rendered judgment for the Firm’s client in aminimum wage/overtime claim brought against the defendant/franchisor by an employee of an independently-owned and operated franchisee. In Orozco v. Plackis, the Court of Appeals held that there was insufficient evidence to establish that the franchisor was the “employer” of the franchisee’s employees under the “economic reality test” utilized to make that determination under the Fair Labor Standards Act. Because franchisors across the country are facing similar claims, and further because the 5th Circuit’s decisions on employment law are cited nationwide, the case garnered national scrutiny. The appeal included briefs filed by ten (10) amici curiae (friends of the court), including briefs filed by the National and Texas Restaurant Associations supporting the franchisor, and the U.S. Department of Labor supporting the plaintiff worker. Mark Keene successfully represented the franchisor in this appeal, obtaining a unanimous decision from the 5th Circuit that reversed the jury’s verdict and rendered a take-nothing judgment for the Firm’s client. You can listen to the oral argument below.