April 05th, 2018

​US Court of Appeals for the Fifth Circuit Opinions
Herster v. Board of Supervisors of Louisiana State University

Docket: 16-31242
Opinion Date: April 4, 2018
Judge: Carl E. Stewart
Areas of Law: Civil Rights, Constitutional Law, Labor & Employment Law

The Fifth Circuit affirmed the dismissal of plaintiff and her husband's claims against LSU. The court held that the district court properly granted LSU’s motion for judgment as a matter of law for plaintiff's Title VII gender discrimination in pay claim where plaintiff failed to show circumstantial or direct evidence of discrimination; the district court properly granted LSU's motion for judgment as a matter of law for plaintiff's Louisiana whistleblower statute claim where plaintiff failed to prove that LSU retaliated against her for disclosing that the School of Art imposed unauthorized course fees that violated the Louisiana Constitution; and the district court properly granted LSU's motion for summary judgment for plaintiff's Louisiana state law spoliation claim where no LSU policy required the professor at issue to maintain, preserve, or provide his notes that were taken during the faculty member panel meeting that included a discussion of plaintiff's reappointment.