A petition is the initial pleading filed by a plaintiff in Texas state court that begins a lawsuit. It tells the court who the parties are, what happened, the legal claims being asserted, and what relief the plaintiff is asking for.

Memory Hook:
Petition = “Please, Court, hear my case.”
It’s the document that invites the court into the dispute.

A complaint is the initial pleading filed by a plaintiff in federal court that starts a lawsuit. It sets out the factual allegations, the legal claims, the basis for federal jurisdiction, and the relief requested.  It is governed by Rule 8 of the Federal Rules of Civil Procedure, which requires “a short and plain statement” of the claim.

Memory Hook:  Complaint = “I’m complaining… in federal court.”
If you see “Plaintiff files this Complaint against Defendant,” you’re probably in federal land.

Jurisdiction is a court’s legal authority to hear and decide a case. If a court does not have jurisdiction, it has no power to act, no matter how strong the case is.

Subject Matter Jurisdiction – Power to hear this type of case.

Personal Jurisdiction – Power over the parties involved.

Memory Hook:
Jurisdiction = Power.
If the court doesn’t have power, the case cannot move forward. Period.

Venue refers to the proper geographic location where a lawsuit should be filed and heard. Unlike jurisdiction, venue is about convenience and connection to the dispute, not power. A court may have jurisdiction but still be the wrong venue. Venue is typically proper where:

• The defendant resides, or
• A substantial part of the events giving rise to the claim occurred.

Memory Hook:
Jurisdiction = “Do I have power?”
Venue = “Is this the right place?”

A Discovery Control Plan in Texas state court sets the rules and timeline for how discovery will be conducted in a case. It determines deadlines, discovery limits, and the overall structure of pretrial litigation.

Texas cases generally fall into one of three levels under Rule 190 of the Texas Rules of Civil Procedure:

Level 1 – Expedited actions (lower damages cases; shorter timelines and limited discovery)

Level 2 – Default level for most cases

Level 3 – Custom discovery plan tailored by court order

Memory Hook:
Discovery Control Plan = “The rules of the road for discovery.” It controls how fast you drive, how far you go, and how much fuel you can use.

A cause of action is a specific legal claim that gives a plaintiff the right to sue. It is the legal theory that connects the facts to a recognized violation of law.  Each cause of action has required elements that the plaintiff must prove.

In a discriminatory discharge case, a plaintiff might assert:

• Race Discrimination (Title VII)

• Gender Discrimination (Title VII)

• Retaliation

Each of those is a separate cause of action, even if they arise from the same termination.

For race discrimination, the plaintiff must generally show:

1. Membership in a protected class

2. Qualification for the job

3. Adverse employment action

4. Different treatment than similarly situated employees outside the protected class

If one element fails, that cause of action can fail.

Memory Hook:
Facts tell the story. Cause(s) of action tell the court why the story matters legally. No cause of action = no lawsuit, just vibes.

An adverse employment action is a materially negative change in the terms, conditions, or privileges of employment. It is an action by an employer that harms the employee in a significant way. Minor annoyances or personality conflicts usually do not qualify. The action must be serious enough to affect employment status or benefits.

Common examples include:

• Termination

• Demotion

• Reduction in pay

• Denial of promotion

• Significant loss of responsibilities

Memory Hook:
Adverse = harmful. If it changes your paycheck, position, or professional standing in a real way, it’s probably adverse.

The prayer for relief is the section of a petition or complaint where the plaintiff states what remedies they are requesting from the court. It tells the court exactly what the plaintiff wants if they win.

Common requests include:

• Back pay

• Front pay

• Compensatory damages

• Punitive damages

• Attorney’s fees

• Costs of court

• Injunctive relief

Memory Hook:
Prayer for relief = “Here’s what we want.” The story explains the harm. The prayer tells the court how to fix it.

Compensatory damages are monetary awards intended to compensate a plaintiff for actual losses caused by the defendant’s wrongful conduct. The goal is to restore the plaintiff, as much as money can, to the position they would have been in had the harm not occurred.

Compensatory damages can include:

• Lost wages

• Emotional distress

• Medical expenses

• Out-of-pocket costs

In employment discrimination cases, compensatory damages often focus on emotional pain, suffering, inconvenience, and mental anguish.

Memory Hook:
Compensatory = compensate. It’s about covering the harm, not punishing the employer.

Punitive damages are monetary damages awarded to punish a defendant for particularly egregious, malicious, or reckless conduct and to deter similar behavior in the future.

They are not meant to compensate the plaintiff for a specific loss. They are meant to send a message.

In employment discrimination cases, punitive damages may be available when the employer acted with malice or reckless indifference to the employee’s federally protected rights.

Memory Hook:
Compensatory = cover the harm.
Punitive = punish the behavior.

One repairs. The other reprimands.

Exemplary damages are damages awarded to punish a defendant for fraud, malice, or gross negligence and to deter similar conduct in the future. In Texas, “exemplary damages” is the statutory term often used instead of “punitive damages.” Functionally, they serve the same purpose: punishment and deterrence. They are awarded in addition to actual damages.

Memory Hook:
Exemplary = example.
The court uses money to make an example of the defendant.

Texas vocabulary twist:
Punitive (federal term)
Exemplary (Texas term)
Same concept. Different label.

Definition:
The plausibility standard is the federal pleading requirement that a complaint must contain enough factual allegations to make the claim “plausible,” not merely possible or speculative. Under this standard, courts assume well-pleaded facts are true, but they do not accept legal conclusions disguised as facts. The complaint must show more than “the defendant harmed me.” It must include factual detail that makes the claim believable.

Example:

❌ Not sufficient:
“The employer discriminated against me because of my race.”

✔ Likely plausible:
“The employer terminated me two weeks after I reported racial slurs by my supervisor. My position was filled by a less-qualified employee outside my protected class. I had consistently received positive performance reviews before the complaint.”

The second version provides facts that nudge the claim from possible to plausible.

Memory Hook:
Possible = maybe.
Plausible = believable based on facts.

Federal court asks:
“Do these facts make this claim reasonably believable?”

A protected class is a group of people protected from discrimination under federal or state law based on specific characteristics.

Under Title VII and Texas Labor Code Chapter 21, protected characteristics include:

• Race

• Color

• Religion

• Sex

• National origin

Under the Texas Labor Code, Chapter 21, other protected classes include:

• Disability (similar to the federal Americans with Disabilities Act [ADA])
• Age (40 and over; similar to the federal Age Discrimination in Employment Act [ADEA])

Other laws add protections for age, disability, pregnancy, and more. To bring a discrimination claim, the plaintiff must belong to a protected class and show they were treated adversely because of that protected characteristic.

Title VII = Federal discrimination law
Texas Labor Code Chapter 21 = Texas version of federal discrimination law, interpreted the same way, but it also expressly includes age and disability

So when you see a Texas state court discrimination petition citing Chapter 21, think: “Texas mirror of Title VII analysis.”

Memory Hook:
Protected class = “Who the law shields.”
The law draws a circle around certain characteristics and says: discrimination here is illegal.

Retaliation occurs when an employer takes an adverse action against an employee because the employee engaged in a legally protected activity. The key is not whether the underlying discrimination claim ultimately succeeds. The question is whether the employee was punished for speaking up. Protected activities include:

• Reporting discrimination or harassment

• Filing an EEOC charge

• Participating in an investigation

• Opposing unlawful employment practices

To prove retaliation, a plaintiff generally must show:

1. They engaged in protected activity

2. They suffered an adverse employment action

3. There is a causal connection between the two

Memory Hook:
Discrimination = “You treated me unfairly because of who I am.”
Retaliation = “You punished me because I spoke up.”

Sometimes, retaliation is easier to prove because the timeline tells the story.

Removal is the process by which a defendant transfers a case from state court to federal court when the federal court has subject matter jurisdiction. Only defendants may remove a case. Plaintiffs cannot remove the cases they filed.

• Federal Question Jurisdiction (the case involves federal law), or

• Diversity Jurisdiction (citizens of different states and the amount in controversy exceeds $75,000).

There are strict timing requirements, usually within 30 days of service.

Memory Hook:
Removal = “We’re moving this case.”
State court to federal court, if federal jurisdiction exists.

Jurisdiction gives the power.
Removal uses that power to change the courtroom.

Americans with Disabilities Act

It is a federal law that prohibits discrimination against qualified individuals with disabilities in employment (Title I), public services (Title II), and public accommodations (Title III). In employment cases, the ADA requires employers to:

• Not discriminate against qualified individuals with disabilities

• Provide reasonable accommodations unless doing so would cause undue hardship

Memory Hook:
ADA = “Access and Accommodation.”
It’s about equal opportunity for individuals with disabilities.

Age Discrimination in Employment Act

It is a federal law that prohibits employment discrimination against individuals who are 40 years of age or older. The ADEA applies to employers with 20 or more employees. To prevail on an ADEA claim, a plaintiff must generally show that age was the “but-for” cause of the adverse employment action, meaning the action would not have happened but for the employee’s age.

Memory Hook:
ADEA = “Age 40 and up.”
If the employee is under 40, the ADEA does not apply.

Family and Medical Leave Act

It is a federal law that entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain qualifying reasons. Qualifying reasons include:

• The employee’s serious health condition

• Caring for a spouse, child, or parent with a serious health condition

• Birth or adoption of a child

The employer must restore the employee to the same or an equivalent position upon return.

To be eligible, the employee must:

• Work for a covered employer (generally 50+ employees within 75 miles)

• Have worked at least 12 months

• Have worked at least 1,250 hours in the previous 12 months

Memory Hook:
FMLA = “Medical or Family Leave, Job Protected.”
You may not get paid, but your job is supposed to be waiting.

Employee Retirement Income Security Act of 1974

It is a federal law that regulates employer-sponsored benefit plans, including:

• Retirement plans (like 401(k)s and pensions)

• Health insurance plans

• Disability and life insurance plans

ERISA sets standards for plan management, fiduciary duties, reporting, and participant rights. Importantly, ERISA often preempts state law claims related to employee benefit plans, meaning those disputes usually must be brought under ERISA in federal court.

Memory Hook:
ERISA = “Employer benefits rulebook.”
If the dispute involves a company-sponsored benefits plan, ERISA is probably in the room.

Equal Pay Act

It is a federal law that requires employers to pay men and women equally for performing jobs that require substantially equal skill, effort, and responsibility, and that are performed under similar working conditions. The focus is on the work performed, not job titles. To establish a claim, a plaintiff must show:

1. She performed work substantially equal to that of a male comparator

2. The work was under similar conditions

3. She was paid less

The employer can defend by showing the pay difference is based on:

• Seniority

• Merit

• Quantity or quality of production

• Any factor other than sex

Memory Hook:
EPA = Equal Pay Act.
Equal work. Equal pay. Same job, same check.

BONUS INFO: Lilly Ledbetter Fair Pay Act (2009) Fixes the statute of limitations problem for pay discrimination claims. The Act changed the law so that each discriminatory paycheck resets the filing deadline. In other words, the SOL (statute of limitations) clock starts over with every unequal paycheck.

Statute of Limitations

It is the legally prescribed deadline for filing a lawsuit. If a plaintiff files after the statute of limitations expires, the claim is usually barred, no matter how strong the facts are.

Different claims have different limitation periods, and the clock typically starts running when the claim “accrues” meaning when the injury occurs or is discovered.

Memory Hook:
SOL = “Sue On time or Lose.”

Deadlines in litigation are not suggestions. They are doors that close.

Equal Employment Opportunity Commission

It is the federal agency responsible for enforcing federal laws that prohibit employment discrimination, including:

• Title VII

• ADA

• ADEA

• Equal Pay Act

Before filing most federal employment discrimination lawsuits, a plaintiff must first file a Charge of Discrimination with the EEOC. This is part of administrative exhaustion. After investigating, the EEOC may:

• Dismiss the charge

• Attempt mediation

• Issue a Notice of Right to Sue

The Notice of Right to Sue allows the employee to file a lawsuit in court within a limited time period, typically 90 days.

Memory Hook

EEOC = “You must go here first.”
No EEOC charge, no Title VII lawsuit.

Texas Workforce Commission

The TWC is the Texas state agency that handles workforce-related matters, including unemployment benefits and employment discrimination claims. For discrimination cases, the Civil Rights Division of the TWC investigates charges under the Texas Commission on Human Rights Act (Texas Labor Code Chapter 21; NOTE: this is no longer referred to as TCHRA).  Texas is a “deferral state,” meaning a charge filed with the EEOC is typically dual-filed with the TWC, and vice versa.

Memory Hook:
EEOC = Federal door.
TWC = Texas door.
In Texas, most discrimination charges walk through both.

Consolidated Omnibus Budget Reconciliation Act

Under COBRA, certain employees and their dependents may continue their employer-sponsored health insurance coverage for a limited period after a qualifying event, such as termination or reduction in hours. COBRA does not make the insurance free. The employee usually pays the full premium plus a small administrative fee. Common qualifying events include:

• Termination (other than for gross misconduct)

• Reduction in hours

• Divorce or legal separation

• Death of the covered employee

Coverage typically lasts 18 months, though it can be longer in some situations.

Memory Hook:
COBRA = “Keep your coverage, but you pay.”

Uniformed Services Employment and Reeemployment Rights Act

USERRA protects members of the uniformed services from employment discrimination based on their military service and ensures their right to be reemployed after returning from duty. It applies to all employers, regardless of size. Key protections include:

• Protection from discrimination based on military status

• Reemployment rights after military leave

• Preservation of seniority and benefits

Under USERRA, a returning service member must generally be placed in the position they would have attained had they remained continuously employed. This is sometimes called the “escalator principle.”

Memory Hook:
USERRA = “Serve your country, keep your job.”

Military duty should not cost someone their civilian career.

Servicemembers Civil Relief Act

It is a federal law that provides financial and civil legal protections to active-duty service members so they can focus on military service without suffering certain legal or financial harm. SCRA does not govern employment rights. That’s USERRA. SCRA focuses on things like:

• Capping certain pre-service interest rates at 6%

• Protection against default judgments

• Foreclosure protections

• Lease termination rights

• Stay of civil proceedings in some circumstances - this is the one that could come into play in our cases if we have an individual defendant who is an active duty military member

Memory Hook:
SCRA = “Shield while serving.”
It protects service members from financial and civil legal consequences during active duty.

USERRA = Job protection
SCRA = Civil and financial protection

National Labor Relations Act

It is a federal law that protects employees’ rights to engage in concerted activity for the purpose of collective bargaining or mutual aid and protection. The NLRA applies to most private-sector employers, whether or not the workplace is unionized. Key rights under the NLRA include:

• The right to form, join, or assist a union

• The right to bargain collectively

• The right to engage in protected concerted activity

Protected concerted activity can include employees discussing wages, workplace conditions, or complaints about management. The law is enforced by the National Labor Relations Board (NLRB).

Memory Hook:

NLRA = “You can organize.”

Union or not, employees have the right to act together about workplace conditions.

Federal Rules of Civil Procedure

The FRCP govern the procedure for civil lawsuits in United States federal courts. They set the rules for:

• Pleadings

• Motions

• Discovery

• Trials

• Judgments

• Appeals (in part, along with other rules)

The FRCP applies in federal district courts and provides the structural framework for how a civil case moves from filing to resolution.

Memory Hook:
FRCP = “Federal playbook.”
If you’re in federal court, this is the rulebook everyone must follow.

FRCP 12(b)(6) refers to Rule 12(b)(6) of the Federal Rules of Civil Procedure. It allows a defendant to file a Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted. In plain English:
Even if everything in the complaint is true, the plaintiff still hasn’t alleged a legally sufficient claim. The court applies the plausibility standard when analyzing a 12(b)(6) motion. Legal conclusions without supporting facts will not survive.

Memory Hook:

12(b)(6) = “You didn’t plead enough.”

It tests the sufficiency of the complaint, not the evidence.

This refers to Rule 30(b)(6) of the Federal Rules of Civil Procedure. It allows a party to depose a corporation, partnership, or other organization by describing with reasonable particularity the matters for examination. The organization must then designate one or more representatives to testify on its behalf about those topics.

The testimony given is binding on the organization, not just the individual witness.

Memory Hook:

30(b)(6) = “Speak for the company.”

Not “what do you know?”
But “what does the organization know?”

A dispositive motion is a motion that, if granted, resolves all or part of a case without the need for a trial. It can dispose of:

• The entire lawsuit, or

• Specific claims or defenses

If granted, something significant ends. Common examples include:

• Motion to Dismiss (e.g., FRCP 12(b)(6))

• Motion for Summary Judgment (MSJ)

• Plea to the Jurisdiction (Texas)

• No-Evidence MSJ (Texas Rule 166a(i))

Memory Hook:

Dispositive = “This could end it.”

Not every motion matters equally.
A motion to compel moves the case forward.
A dispositive motion can shut it down.

Motion for Summary Judgment

It is a motion asking the court to decide the case or a specific claim without a trial because there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. In federal court, this is governed by Rule 56 of the Federal Rules of Civil Procedure. In Texas state court, this is govered by Rules 166a(c) [Traditional MSJ] and 166a(i) [No-Evidence MSJ] of the Texas Rules of Civil Procedure. The court looks at evidence, not just pleadings. That can include:

• Depositions

• Affidavits

• Declarations

• Documents

• Admissions

If reasonable jurors could not disagree on the outcome based on the evidence, summary judgment may be granted.

Note that a No-Evidence MSJ is uniquely Texan. After an adequate time for discovery, a party may move for summary judgment on the ground that there is no evidence of one or more essential elements of a claim or defense. Then the burden shifts to the nonmovant to produce evidence raising a genuine issue of material fact.

If they cannot produce more than a scintilla of evidence, the claim fails.

Federal court → One summary judgment rule (Rule 56).

Texas state court → Two flavors under Rule 166a:

• Traditional

• No-Evidence

And in Texas practice, the no-evidence MSJ is a surgical strike.

Motion to Dismiss (Federal)

It is a motion asking the court to dismiss some or all of a lawsuit before the case proceeds further.In federal court, an MTD is often filed under Rule 12(b) of the Federal Rules of Civil Procedure.Common grounds include:

• 12(b)(1) – Lack of subject matter jurisdiction

• 12(b)(2) – Lack of personal jurisdiction

• 12(b)(6) – Failure to state a claim

An MTD attacks the legal sufficiency of the pleading, not the evidence.

Under the Texas Rules of Civil Procedure, dismissal mechanisms are spread across different rules depending on the ground (there will be a separate flash card on this)

Memory Hook:

MTD = “Your pleading doesn’t work.”

MTD → Early stage
MSJ → Evidence stage

One challenges the allegations.
The other challenges the proof.

Motion to Dismiss (Texas)

Under the Texas Rules of Civil Procedure, dismissal mechanisms are spread across different rules depending on the ground.

Rule 91a – Dismissal of Baseless Causes of Action

This is the closest Texas analogue to a federal 12(b)(6).

A party may move to dismiss a cause of action that has no basis in law or fact. Key features:

• Must be filed within 60 days after the first pleading containing the challenged cause of action is served

• No evidence is considered

• Court decides based solely on the pleadings

Memory hook:
Rule 91a = Texas “failure to state a claim.”

Plea to the Jurisdiction

Not technically under a numbered dismissal rule like 12(b)(1), but used to challenge:

• Subject matter jurisdiction

• Governmental immunity

Very common in cases involving governmental entities.

Special Exceptions (Rule 91)

Used to challenge pleading defects and force clarification, but not outright dismissal unless the defect is not cured.

Motion to Compel

It is a motion asking the court to order a party to comply with discovery obligations when they have failed or refused to do so. An MTC typically arises when a party:

• Fails to respond to discovery

• Provides incomplete responses

• Asserts improper objections

• Refuses to produce documents

Most courts require a good-faith conference before filing.

Memory Hook:

MTC = “Make Them Comply.”

It doesn’t end the case; it forces movement.