Douglas May v. Diamond Offshore Management Company

On June 13, 2023, Newar Law won a major victory in a long-running race discrimination lawsuit against Diamond Offshore—a former Fortune 500 offshore oil drilling company.

In 2015-2017, Diamond laid off all of its Black Safety Representatives.

During this same time period. Diamond laid off approximately 25% of its white SR’s.

The Black SR’s whom Diamond terminated in the reduction in force were far more experienced and qualified than many of the white SR’s whom Diamond retained.

Since December 2018, Newar Law has represented five Black SR’s in several federal race discrimination lawsuits against Diamond in Houston federal courts.

In 2021 and 2022, Diamond resolved four of the Black SR’s discrimination claims on the eve of trial.  Unfortunately, Diamond declined to resolve the fifth Black SR’s (Douglas May) race discrimination claim.

On Tuesday--following extensive briefing and oral argument—United States Bankruptcy Judge David Jones denied Diamond’s summary judgment motion. Judge Jones ruled that Mr. May raised a genuine issue of material fact that Diamond subjected him to race discrimination. As a result, Mr. May will now proceed to trial against Diamond.

Newar Law looks forward to continue holding Diamond accountable for its long-running race discrimination against its Black SR’s.  

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Alicia Strife v. Aldine Independent School District

In February 2023, Newar Law won a significant victory under the Americans with Disabilities (“ADA”) and related discrimination laws that protect employees with both physical and psychological disabilities.

Alisa Strife is a U.S. Army veteran. Ms. Strife served in Iraq in “Operation Enduring Freedom.” While serving in Iraq, Strife sustained serious, debilitating physical and psychological injuries, including PTSD. Like many U.S. veterans, those injuries have impaired Strife’s major life activities, including her ability to work.  

In August 2022, Rescue for PTSD—a non-profit organization that trains service dogs to assist veterans with PTSD—awarded Strife a fully trained and certified service dog (“Inde”).

“Inde” helps Strife with her gait; assists her when she falls; and protects her when she suffers PTSD symptoms.      

In late August 2022, Strife requested that her employer, Aldine Independent School District (“AISD”), reasonably accommodate her disabilities by allowing her to use “Inde” at work.

AISD repeatedly stonewalled Strife’s requests, despite receiving letters from Strife’s V.A. doctors and Rescue for PTSD attesting to her disabilities and her need to have a service dog at work.

Strife then retained Newar Law to represent her. After AISD also rebuffed Newar Law’s requests that it allow Strife to work with her service dog, Newar Law sued AISD under the ADA and related disability discrimination laws on February 1, 2023.

On February 24, 2023—that is, barely three weeks after Newar Law filed suit against AISD in federal court—AISD relented and allowed Ms. Strife to work with her service dog.

Newar Law is continuing its fight to hold AISD accountable for its flagrant violations of Strife’s rights under the ADA and related disability discrimination laws.

Stephanie Halliday v. BioReference Laboratories

In 2022, Newar Law won a victory for employee whistleblowers that has national significance.

Stephanie Halliday worked as a lab supervisor in the Houston clinical lab of BioReference Laboratories, a billion dollar company headquartered in Elmwood Park, New Jersey. Beginning in August 2016 Halliday discovered that BioReference was failing to comply with the Clinical Laboratory Improvement Amendments of 1988 (“CLIA”)—a federal law that requires clinical laboratories to meet specific safety criteria. Ms. Halliday reported her discovery to BioReference’s top officials in New Jersey.

BioReference’s top officials attempted to cover-up—and have Halliday cover-up--BioReference’s CLIA violations. When Halliday refused, BioReference retaliated against her by terminating her employment on May 11, 2017.

On August 22, 2017, Newar Law sued BioReference Laboratories in New Jersey for violating Halliday’s rights under the Conscientious Employer Protection Act (“CEPA”), New Jersey’s pioneering whistleblower protection law. After a New Jersey trial court granted BioReference’s summary judgment motion, Newar Law appealed that decision to the New Jersey Appellate Division.

On August 3, 2022, the Appellate Division overturned the New Jersey  trial court’s decision and remanded the case to the trial court. The Appellate Division held—for the first time—that CEPA protects not only New Jersey-based employees but out-of-state employees—like Halliday—as well. Therefore, this decision will protect whistleblowers suing New Jersey corporations under CEPA regardless of where they live.   

Newar Law is continuing its fight for Ms. Halliday and expects to vindicate her rights and the rights of other courageous whistleblowers fighting large corporations’ illegal conduct.

Raymond Pickney et al v. Diamond Offshore Services Limited

In 2015-2016, Diamond Offshore laid-off all six of its African-American Safety Representatives in a reduction-in-force. During the same time period, DOSL laid off approximately 25% of its white Safety Representatives, most of whom had less tenure and inferior experience and qualifications. Five African-American Safety Representatives retained Newar to sue DOSL for race discrimination and retaliation for opposing race discrimination. A statistical analysis concluded it was highly likely that Diamond terminated the African-American Safety Representatives because of their race. On the eve of trial, DOSL confidentially resolved most of the discrimination and retaliation claims. Newar continues to litigate the remaining claims in federal bankruptcy court (In April 2020 Diamond filed for bankruptcy protection).

Cathryn Davis v. Apache Oil Company 

From March 2006 until January 25, 2013, Cathryn Davis worked for Apache Oil Company as a paralegal in its in-house Litigation department. Davis was Apache’s highest-ranked and most productive Litigation paralegal. She was also its oldest. In July 2010 Apache promoted the two younger paralegals. Davis opposed Apache’s age discrimination. Shortly thereafter, Apache terminated Davis. Davis retained Newar to sue Apache for age discrimination and retaliation for opposing age discrimination. On May 11, 2016, a Harris County, Texas jury found that Apache had retaliated against Davis for opposing age discrimination and awarded her $150,000 in damages. On April 4, 2019, the 14th Court of Appeals affirmed the jury’s verdict. On June 25, 2021, the Supreme Court of Texas reversed the jury’s verdict and rendered judgment in Apache’s favor. The Supreme Court’s reversal came shortly after Apache contributed $250,000 to a PAC supporting four Supreme Court Justices’ election campaigns and after Apache’s outside law firm’s PAC contributed tens of thousands of dollars to all of the Justices’ election campaigns. See “Newar News.”

Jimmy Hebert v. Marathon Oil Company et al

Jimmy Hebert—an African-American—worked for Marathon Oil Company as a fracking Completions Consultant in the New Mexico Permian Basin from March 7, 2018 until January 10, 2019. After Marathon terminated Hebert, Hebert retained Newar to sue Marathon for race discrimination, retaliation for opposing race discrimination, and violating his rights under the federal overtime law (“FLSA”). On the eve of trial, Marathon confidentially resolved Hebert’s claims.

Joseph Williams v. TruGreen Limited Partnership

Joseph Williams worked for TruGreen—a Tennessee-based law care company—in Houston from February 2011 to November 2018. Williams suffered from Sickle Cell Anemia since birth. On November 5. 2018, TruGreen terminated Williams while he was on FMLA leave recuperating from a Sickle Cell-related hospitalization. Williams retained Newar to sue TruGreen for violating his rights under the FMLA and the ADA. After trial, TruGreen confidentially resolved Williams’ claims.  

Dr. Bertie Simmons et al v. Houston Independent School District

On June 14, 2018, Houston ISD terminated Dr. Bertie Simmons, its longstanding, award-winning Principal of Furr High School (FHS). Simmons and two FHS colleagues retained Newar to sue HISD for race discrimination and retaliation for opposing HISD’s race discrimination. Before trial, HISD settled the discrimination and retaliation claims.

Kawaljeet K. Tagore v. United States of America

Kawaljeet Tagore—who is a devout Sikh—worked for the IRS as a Revenue Agent in its downtown Houston office starting in 2004. Devout Sikhs must wear at all times a kirpan, a religious object that resembles a sword and symbolizes the Sikhi commitment to justice. In 2005, Ms. Tagore requested the IRS accommodate her religious beliefs by allowing her to wear a kirpan that was approximately 3.5 inches long. The IRS refused to accommodate Ms. Tagore’s religious beliefs--despite allowing other agents to carry and use longer, sharper, and more dangerous secular objects (e.g. scissors and letter openers)—and terminated her employment. Ms. Tagore then filed suit against the IRS and the Federal Protective Service (“FPS”)—which provides security at federal buildings —under Title VII and the Religious Freedom Restoration Act (“RFRA”). A Houston federal court granted the IRS and FPS summary judgment. However, on November 13, 2013, the United States Court of Appeals for the Fifth Circuit partly reversed the District Court’s summary judgment. See Tagore v. United States, 735 F3d 324 (5th Cir. 2013). In a precedent-setting decision, the Fifth Circuit held that Ms. Tagore had raised a genuine issue of material fact that FPS had violated her sincerely held religious beliefs by refusing to allow her to wear her kirpan at work without any showing that its compelling interest in government security could not be satisfied by some less restrictive means. On remand, the United States settled the lawsuit on the eve of trial by agreeing, among other things, to accommodate her religious beliefs and pay her attorney’s fees and expenses in the amount of $400,000.

Mary Beth Mahoney v. Ernst & Young LLP.

Mr. Newar represented Mary Beth Mahoney in a lawsuit against Ernst & Young under the FMLA and ADA for terminating her employment because she took medical leave. The United States District Court for the Southern District of Texas (J. Rainey) denied Ernst & Young’s motion for summary judgment. As a result of this favorable ruling for Ms. Mahoney, the lawsuit was resolved confidentially on the eve of trial.

Alvarado v. Shipley Donut Flour & Supply Co., Inc., d/b/a Shipley Donuts

Mr. Newar, as co-counsel, represented numerous Hispanic workers in a race and national origin discrimination lawsuit against Shipley Donuts, the largest donut chain in Houston, Texas. The United States District Court for the Southern District of Texas (J. Atlas) denied the company’s motion for summary judgment based on substantial evidence that Shipley had subjected its Hispanic workers to an extremely racially hostile working environment. As a result of this favorable ruling for Shipley’s Hispanic workers, the lawsuit was resolved confidentially on the eve of trial.

Judge Refuses to Throw Out Case against Shipley Donuts

Willie Tubbs v. Wynne Transport Service, Inc.

Mr. Newar represented Willie Tubbs—an African-American truck driver—in a lawsuit against Wynne Transport Service, Inc.–a Nebraska-based trucking company–stemming from Mr. Tubbs’ false arrest and false imprisonment. The United States District Court for the Southern District of Texas (J. Harmon) denied Wynne’s motion for summary judgment and ruled that Wynne would stand trial on Mr. Tubbs’ false arrest and false imprionment claims. As a result of this favorable ruling for Mr. Tubbs, this lawsuit was resolved confidentially on the eve of trial.

Eric Weaver v. NIBCO, Inc.

Mr. Newar represented Eric Weaver, an African-American employee of NIBCO, Inc., in a Title VII race discrimination lawsuit in the United States District Court for the Eastern District of Texas in Texarkana. The court (J. Folsom) denied NIBCO’s motion for summary judgment based on evidence that the company created a hostile working environment for African-Americans in its Nacogdoches manufacturing plant. As a result of this favorable ruling for Mr. Weaver, the lawsuit was resolved confidentially on the eve of trial.

Judy Hayes v. Pon North America and Equipment Depot, Inc.

Mr. Newar represented Judy Hayes—a former manager of a Houston beauty salon—in a COBRA discrimination lawsuit against Pon North America and Equipment Depot, Inc. for denying her COBRA coverage after she was diagnosed with terminal brain cancer. As a result of this lawsuit, Ms. Hayes received her COBRA continuation coverage and was able to obtain life-saving medical care at M.D. Anderson hospital. Ms. Hayes’ legal challenge received widespread press coverage.

Jan Harris, Individually, And On Behalf Of Others Similarly Situated v. Auxilium Pharmaceuticals

Mr. Newar represented Jan Harris and Kathy Parks in a Title VII/Equal Pay Act sex discrimination lawsuit against Auxilium Pharmaceuticals, Inc. based on this large pharmaceutical company’s failure to pay them the same as its male pharmaceutical sales representatives. On September 28, 2009, the United States District Court for the Southern District of Texas (J. Ellison) concluded that Auxilium would stand trial on Ms. Harris and Ms. Parks’ Equal Pay Act claims. As a result of this favorable ruling for Mr. Newar’s clients, this lawsuit was confidentially resolved.

Kimberley Owen v. Harris County, Texas

Mr. Newar represented Kimberley Owen—the highest-ranking female officer in the Harris County, Texas Precinct 5 Constable’s Office—in a Title VII sexual harassment lawsuit against that governmental agency. Ms. Owen prevailed at trial and on appeal and recovered a judgment in excess of $500,000. Ms. Owen’s lawsuit received wide press coverage.

U.S. ex rel Swadley v. Scott And White Memorial Hospital

Mr. Newar represented Doreen Swadley in a False Claims Act whistleblower lawsuit against Scott And White Memorial Hospital based on the hospital’s termination of Ms. Swadley’s employment for reporting alleged Medicare fraud. On July 10, 2012, the United States District Court for the Western District of Texas (J. Sparks) denied Scott And White’s motion to dismiss Ms. Swadley’s lawsuit. As a result of this favorable ruling for Ms. Swadley, this lawsuit was confidentially resolved.

Leslie Hiltabrand v. Direct Energy

Mr. Newar represented Leslie Hiltabrand in an FMLA and ADA lawsuit against Direct Energy based on this large energy company’s termination of her employment because of her request for FMLA leave. On July 10, 2013, the United States District Court for the Southern District of Texas (J. Lake) ruled that Direct Energy would stand trial on Ms. Hiltabrand’s FMLA and ADA claims. As a result of this favorable ruling for Ms. Hiltabrand, the lawsuit was confidentially resolved.

Samantha Swinehart v. Becon Construction

Mr. Newar represented Samantha Swinehart in a sex discrimination lawsuit against Becon Construction based on this Fortune 500 company’s repeated refusal to award her pay increases and promotions in favor of male employees. Ms. Swinehart prevailed at trial and was awarded approximately $170,000.00 in back pay, compensatory damages, attorney’s fees, and costs.