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Adams v. Mem'l Hermann

Adams v. Mem'l Hermann

United States Court of Appeals for the Fifth Circuit

August 31, 2020, Filed

No. 19-20651

Opinion

 [*346]  Jerry E. Smith, Circuit Judge:

Delise Adams ("Plaintiff Adams"), Gloria Flores-Olvera, and Judy Perez were employed at Memorial Hermann Health System's Southwest Neighborhood Clinic.  [*347]  That clinic was closed, and the three were terminated. They sued, alleging violations of Title VII of the Civil Rights Act and the Family and Medical Leave Act ("FMLA"). The jury found for defendants on all claims. Plaintiffs challenge two distinct evidentiary rulings and the jury instructions. We affirm.

Memorial Hermann Health System operates hospitals and outpatient "Neighborhood Health Clinics." The outpatient clinics were created to provide affordable health care [**2]  to individuals with limited or no health insurance. In 2014, it operated three such clinics: the Southwest Clinic, the Northwest Clinic, and the Northeast Clinic. Citing concerns over financial viability and treatment standards, Memorial Hermann made the decision to close the Southwest Clinic in July 2014.

In 2014, Helen "Chips" Adams ("Defendant Adams") was employed by Memorial Hermann as the Associate Vice President of Outpatient Clinics. Arnold Carrasco served as the Director for the Neighborhood Health Clinics. Both were involved in the decision to close the Southwest Clinic.

At the time of the decision, seven individuals worked at the Southwest Clinic: two nurse practitioners, Plaintiff Adams and Margaret Watson, and five medical assistants. Two medical-assistant positions were full-time and were held by Flores-Olvera and Perez. Two were part-time, held by Rachel Magallanes and Mary Lou Macias, and one was a supplemental position held by Jenifer Umana. Closing the Southwest Clinic eliminated all seven positions.

When the closure decision was made, Flores-Olvera and Perez were out on FMLA leave after recently giving birth. Plaintiff Adams was pregnant and preparing to take FMLA leave; [**3]  by the time she was informed of the decision, she was in the hospital after recently giving birth.

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973 F.3d 343 *; 2020 U.S. App. LEXIS 27747 **

DELISE ADAMS; GLORIA FLORES-OLVERA; JUDY PEREZ, Plaintiffs-Appellants, versus MEMORIAL HERMANN; CHIPS ADAMS; ARNOLD CARRASCO, Defendants-Appellees.

Prior History:  [**1] Appeal from the United States District Court for the Southern District of Texas. USDC No. 4:15-CV-1270.

Adams v. Hermann, 2019 U.S. Dist. LEXIS 147666, 2019 WL 4095166 (S.D. Tex., Aug. 29, 2019)

Disposition: AFFIRMED.

CORE TERMS

Clinic, district court, attorney-client, work-product, causation, terminated, positions, performance evaluation, mixed-motive, plaintiffs', decisions, but-for, retaliation claim, lawyers, bias, evidentiary ruling, instructions, employees, protects, motive

Civil Procedure, Discovery, Privileged Communications, Attorney-Client Privilege, Evidence, Privileges, Attorney-Client Privilege, Scope, Appeals, Standards of Review, De Novo Review, Questions of Fact & Law, Work Product Doctrine, Scope of Protection, Abuse of Discretion, Admissibility, Procedural Matters, Rulings on Evidence, Fact Work Product, Harmless & Invited Errors, Harmless Error Rule, Conduct Evidence, Prior Acts, Crimes & Wrongs, Impeachment, Bad Character for Truthfulness, Specific Instances, Credibility of Witnesses, Prior Conduct, Bias, Motive & Prejudice, Judicial Officers, Judges, Discretionary Powers, Trials, Jury Trials, Jury Instructions, Labor & Employment Law, Retaliation, Statutory Application, Family & Medical Leave Act, Elements, Causation, Title VII of the Civil Rights Act of 1964