John T. Measday v. Kwik-Kopy Corporation

I respectfully dissent for two reasons. First, I cannot agree with my colleagues that we may now refract the erroneous jury instruction through the lenses of hindsight and conclude that Measday satisfied his burden of proof. That question was for the jury, after proper instruction.

Second, although my colleagues are both Texas lawyers and I am an apprentice at its law, I disagree with their conclusion that Texas law permits an employer to prove only the cause for discharge it advances on termination. In Maxwell v. Cardinal Petroleum Corp., 471 S.W.2d 785 (Tex.Civ.App. 1971), the court held an…