Ezra R. Kuenzi | Kelly Hart & Hallman | Fort Worth | Austin | Texas

Texas Employment Law Update

Fifth Circuit Holds That Attorney's Fees Not Recoverable In Title VII Mixed-Motive Retaliation Case

In a recent case from the Fifth Circuit, the Court held that attorney’s fees are not recoverable for a prevailing plaintiff in a Title VII mixed-motive retaliation case. In Carter v. Luminant Power Serv. Co., the plaintiff employee brought a Title VII discrimination and retaliation claim alleging that he was disciplined for his complaints of racial discrimination. A jury found that Carter’s complaints motivated Luminant’s disciplinary decision but it also found that Luminant would have made the same decision despite Carter’s complaints (i.e., the mixed-motive defense). Because the plaintiff only prevailed on his retaliation claim and the employer established its mixed-motive defense, the . . .

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Equine Law Blog

Petition For Review Denied in Hilz v. Riedel

Today, the Supreme Court of Texas denied review in Hilz v. Riedel, a Fort Worth Court of Appeals decision reversing a summary judgment granted pursuant to Chapter 87 of the Texas Civil Practice & Remedies Code. As such, the Fort Worth Court of Appeals' opinion will stand and the case will proceed to trial on remand to the trial court. A detailed discussion of the Fort Worth Court of Appeals' opinion is contained in this prior post.

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Ezra R. Kuenzi

Biography

Ezra R. Kuenzi is an associate in the firm’s Labor and Employment practice group and Healthcare practice group. Ezra represents employers in matters involving Title VII, ADA, wrongful termination, age discrimination, harassment, retaliation, unfair competition, non-compete, and misappropriation of trade secrets. Additionally, he provides assistance to employers through consultation and development of internal policies and procedures, employee handbooks, employment contracts, non-compete and confidentiality agreements, and severance agreements. He also assists healthcare providers with state licensing requirements and with Medicare compliance issues.

Affiliations and honors

State Bar of Texas
Labor and Employment Law Section
Health Law Section
Tarrant County Bar Association, Labor & Employment Law Section
Tarrant County Young Lawyers Association
Selected as "Top Attorney" under five years in practice by Fort Worth, Texas magazine, 2012

Education

Texas Tech University School of Law, J.D., magna cum laude, 2011
     Law Review: Comment Editor, Vol. 43; Staff Member, Vol. 42
     Phi Delta Phi
     Regents Scholarship Recipient
Texas A&M University-Corpus Christi, B.B.A., magna cum laude, 2007

Admissions

State Bar of Texas, 2011
U.S. Court of Appeals, Fifth Circuit
U.S. District Court, Northern District of Texas
U.S. District Court, Southern District of Texas

Speeches & Publications

Cawyer R. and Kuenzi E. Jury Waivers Are Alternatives to Arbitration Agreements. Texas Lawyer. December 3, 2012.

Ezra R. Kuenzi

Associate

ezra.kuenzi@kellyhart.com

P (817) 878-3534

F (817) 878-9862

V-CARD PDF

PRACTICE AREA(S)

Labor & Employment

Developing Employer Policies and Procedures

Employment Litigation

Executive Agreements

Wage & Hour Compliance and Collective and Class Action Defense

Healthcare Employment Matters

Medicare Compliance and Regulatory Investigations