Representative Matters
Litigation Success
Cornell Smith Mierl Brutocao Burton, LLP represents a broad range of employers in federal and state litigation from large, publicly-held companies to small non-profit organizations and start-ups. Many of our clients are multi-state and even multi-national employers with operations in Texas. As an employment-focused boutique law firm, our attorneys provide experienced legal representation at competitive rates.
We have represented employers in contract disputes, including non-compete disputes; and in individual and collective action wage and hour, FMLA, wrongful termination, discrimination, sexual harassment, and retaliation cases under state and federal law. We litigate cases in the Western, Southern, Northern, and Eastern Districts of Texas as well as in the state district courts in Texas, including Travis and Williamson Counties. We are often hired as local counsel because of our reputation as one of the premier labor and employment firms and because of our deep connections in the community.
COVID-19 OSHA Citation Successfully Withdrawn
Secretary of Labor, USDOL v. Val Verde Regional Medical Center, OSHRC Docket No. 21-0077, (June 2021).
In a contested COVID-19-related OSHA matter before the Occupational Safety and Health Review Commission, the firm successfully obtained a withdrawal of the citation previously issued
Summary Judgment Victory in Discrimination Case
Lydia v. Coastal Home Health Care; 2:20-cv-115 in the Southern District of Texas on March 3, 2021.
The firm secured summary judgment for the employer on all claims in a race discrimination and retaliation case.
Unanimous Jury Verdict in Workers Compensation Retaliation Defense
Cruz. v. R2Sonic, LLC, Case No. 1:18-cv-00397-RP, in the Austin Division of the U.S. District Court for the Western District of Texas (jury verdict October 2019)
The firm secured a unanimous defense verdict for employer after a jury trial on claim alleging workers compensation retaliation.
Complete Defense in Workers Compensation Retaliation Case
Cruz v. R2Sonic, LLC, Case No. C-1-CV-18-003602, in County Court at Law No. 1, Travis County, Texas (jury verdict November 2019)
The firm secured a unanimous defense verdict for employer after a jury trial on claim alleging workers compensation retaliation.
Class Action Dismissal under Fair Credit Reporting Act
Landrum v. Blackbird Enterprises, LLC, 214 F.Supp.3d 566 (S.D.Tex. 2016).
The firm secured dismissal of claims filed as a class action under the Fair Credit Reporting Act, alleging failure to provide pre-employment statutory notice of background checks. The case was based on one of the first reported applications of Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016).
Successful Defense in Fair Labor Standards Act Summary Judgment
Jesse Searcy v. T.F.R. Enterprises, Inc., 2016 W.L. 7479158 (W.D.Tex. 2016)
The firm successfully defended summary judgement in a Fair Labor Standards Act matter.
Unanimous Verdict in Whistleblower Retaliation Defense
Smart v. Seton Healthcare, Case No. Case No. D-!-GN-14-004879, in the 98th Judicial District Court, Travis County, Texas (jury verdict January 2016)
The firm secured a unanimous defense verdict for employer after a jury trial in a whistleblower retaliation case.
Comprehensive Discrimination Claims Victory via Summary Judgment
Meyer v. Seton Family of Healthcare, Case No. 1:14-CV-123-LY, in the U.S. District Court for the Western District of Texas, Austin Division (Apr. 2, 2015)
The firm obtained a summary judgment for the employer in a case involving a wide range of discrimination claims.
Summary Judgment Win in Disability Discrimination Defense
Copple v. AT&T Services, Inc., Case No. 1:13-cv-00744-SS, in the U.S. District Court for the Western District of Texas, Austin Division (Oct. 10, 2014)
The firm secured summary judgment for the employer on all claims in a disability discrimination case.
ADA and FMLA Claims Defeated with Summary Judgment
Hester v. Williamson County, Tex., A-12-CV-190-LY, in the United States District Court for the Western District of Texas, Austin Division, mag. opinion recommending summary judgment published at, 2013 WL 4482918 (Aug. 21, 2013)
The firm obtained a summary judgment on behalf of the county employer in a case involving ADA and FMLA claims.
Dismissal Achieved in Discrimination Claim for Lack of Standing
Young v. Austin Materials, LLC et al, Case No. 1:12-CV-01006-SS, in the U.S. District Court for the Western District of Texas, Austin Division (Jun. 20, 2013)
The firm secured dismissal of the discrimination claims by a former employee for failure to state a claim in the complaint that he filed.
Title VII Defense Victory with Jury Verdict
Taylor et al v. Seton Healthcare, Case No. 1:10-CV-00650-AWA, in the U.S. District Court for the Western District of Texas, Austin Division (jury verdict March 2012), mag. opinion recommending partial summary judgment published at 2012 WL 13680 (Jan. 3, 2012)
After securing a partial summary judgment for the hospital employer in a case involving Title VII claims by multiple plaintiffs, the firm secured a complete defense verdict for employer after a jury trial.
FLSA Collective Action Win with Summary Judgment Upheld on Appeal
Clark v. Williamson County, Case No. 1:10-CV-00869-LY, in the U.S. District Court for the Western District of Texas, Austin Division, mag. op. recommending summary judgment published 2012 WL 1222950 (Apr. 11, 2012), trial court decision aff’d, 538 Fed. Appx. 579, 2013 WL 4400890 (5th Cir. Aug. 16, 2013)
The firm represented the county employer in a FLSA collective action that involved a class of 100+ EMS workers. After obtaining summary judgment at the trial court level, the firm also successfully defended the judgment on appeal.
ADA and FMLA Claims Summary Judgment Success
Aquart v. Ascension Health Info. Services, A-09-CA-804-AWA, in the U.S. District Court for the Western District of Texas, Austin Division, 2011 WL 233587 (Jan. 24, 2011)
The firm secured summary judgment on behalf of the employer on all claims in a case involving causes of action under the ADA and FMLA.
Complete Defense Verdict in Discrimination Bench Trial
Vasquez v. PMB Enterprises West, Inc., Case No. 08-01555-PHX-NVW in the U.S. District Court for Arizona, Phoenix Division, order granting partial summary judgment published at 2010 WL 3419451 (Aug. 26, 2010), findings of fact and conclusions of law issued March 22, 2011
The firm secured a complete defense verdict in a bench trial for a restaurant employer in an age and national origin discrimination case, after obtaining a partial summary judgment.
Title VII Claims Defense Verdict Post Partial Summary Judgment
Tabenske v. NSO, Inc., Case No. 2:07-CV-12594-GCS-RSW, in the U.S. District Court for the Eastern District of Michigan, order granting partial summary judgment published at 2009 WL 36482 (Jan. 6, 2009), jury verdict entered Jun 15, 2009
After obtaining a partial summary judgment on some of the plaintiff’s claims, the firm secured a complete defense verdict after a jury trial on the plaintiff’s Title VII claims.
Legal Expertise
Specializing in employment law, we represent a wide range of employers in litigation, covering contract disputes, discrimination, and more, at competitive rates.