Legal Opinion

Herrera v. Medical Center Hospital

District Court, E.D. Louisiana

Decided August 5, 2002No. 2:01-cr-00026PublishedCited by 9 opinions

1Opinion of the Court

ORDER AND REASONS

VANCE, District Judge.

Before the Court are plaintiffs’ and defendants’ cross-motions for summary judgment on plaintiffs’ claims challenging the discipline he received for wearing a union button at work. The Court finds that plaintiff Herrera’s conduct involved speech on a matter of public concern. The Court also finds that contested issues of fact must be resolved at trial before the Court can conduct the Pickering balance test, which requires weighing the public employer’s interest in promoting the efficiency of the services it provides against the employee’s interest in…

2Cases cited58 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  5. Anderson v. CreightonSupreme Court of the United States · 1987

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3Cited by9 opinions

  1. Communications Workers of America v. Ector County Hospital DistrictCourt of Appeals for the Fifth Circuit · 2006
  2. Communication Workers of America v. Ector County Hospital DistrictCourt of Appeals for the Fifth Circuit · 2004
  3. AMALGAMATED TRANSIT UNION LOCAL 85 v. PORT AUTHORITY OF ALLEGHENY COUNTYDistrict Court, W.D. Pennsylvania · 2021
  4. Amalgamated Transit Union v. New Orleans Regional Transit AuthorityDistrict Court, E.D. Louisiana · 2022
  5. CWA v. Ector Cty Hosp DistCourt of Appeals for the Fifth Circuit · 2006

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