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Judy K. Jetelina
Judy Jetelina has practiced exclusively in the area of labor and employment law for more than 25 years. She represents management in the full range of labor and employment matters, including state and federal court litigation, and proceedings before federal and state administrative agencies. Ms. Jetelina primarily focuses on motion practice with particular experience in summary judgments and Rule 12 dismissals and removals.
Ms. Jetelina has knowledge of matters arising under federal and state discrimination laws and state employment tort laws, the Railway Labor Act, the National Labor Relations Act, Labor Management Relations Act § 301 preemption issues, and the Uniformed Services Employment and Reemployment Rights Act.
Ms. Jetelina has written a paper on the Uniformed Services Employment and Reemployment Rights Act, which is included in the Texas Employment Law Handbook, published and updated bi-annually by the Texas Association of Business and Chambers of Commerce. Ms. Jetelina has been a frequent speaker on labor and employment topics. In addition, Ms. Jetelina provides training on labor and employment issues to employees and supervisors.
Federal Court Cases
Angelita Hernandez v. Emery Worldwide, Consolidated Freightways Corp., C & F Transportation Inc., Civil Action No. SA 97 CA 1085 FB, In the United States District Court, Western District of Texas, San Antonio Division. Summary judgment granted to defendant Consolidated Freightways on plaintiff's national origin, sex and age discrimination claims because Consolidated Freightways was not plaintiff's employer.
Nancy H. Robards v. Congregation of Divine Providence Inc., Civil Action No. SA 99 CA 1464 HG, the United States District Court, Western District of Texas, San Antonio Division. Summary judgment granted to defendant on plaintiff's age discrimination claims.
Richard A. Guldin v. Conoco Inc., No. 01-31052, the United States Court of Appeals for the Fifth Circuit. Affirming summary judgment for Conoco on plaintiff's state law whistleblower, and federal age and Title VII and 42 U.S.C. § 1981 retaliation claims.
Ricardo Ortiz v. Gulf Coast Boy Scouts of America, Civil Action No. L-02-CV-169, the United States District Court, Southern District of Texas, Laredo Division. Summary judgment granted to defendant on plaintiff's race and national origin discrimination claims.
Graciela Franco v. City of Corpus Christi, No. 00-40497, the United States Court of Appeals for the Fifth Circuit. Affirming summary judgment for the city on employee's disability and national origin discrimination claims.
Equal Employment Opportunity Commission v. Kaspar Wire Works Inc., Civil Action No. 3:01-CV-1838-K, the United States District Court, Northern District of Texas, Dallas Division. Summary judgment granted to defendants on EEOC's national origin discrimination claims on behalf of former employee.
Lois Jean Cage v. Madeline E. Bonner, The Estate of Samuel E. Bonner and Reynolds Metals Company, Civil Action No. C-00-093, the United States District Court, Southern District of Texas, Corpus Christi Division. Case non-suited by plaintiff after Reynolds Metals filed motion for summary judgment asserting that plaintiff's claim for benefits was barred under ERISA.
Brotherhood of Maintenance of Way Employees and Southern Pacific Atlantic Federation of the BMWE v. Union Pacific Railroad Company, Civil Action No. 3-03-CV-0417-D, the United States District Court, Northern District of Texas, Dallas Division. Court enforced in part and remanded in part award of public law board under Railway Labor Act.
Albert Guajardo Jr. v. Kerr-McGee Corporation, Civil Action No. C-93-370, the United States District Court for the Southern District of Texas, Corpus Christi Division. Dismissing plaintiff's worker's compensation retaliation and severance pay claims under Fed. R. Civ. P. 12(b)(6) because claims were preempted by ERISA and plaintiff failed to exhaust his administrative remedies.
Deal v. State Farm County Mutual Ins. Co. of Tex., 5 F.3d 119; 5th Cir. 1993. Affirming dismissal of Title VII and age discrimination claims against individual insurance agent on ground that agent was not employer within meaning of statutes.
Garcia v. San Antonio Metropolitan Transit Authority, 838 F.2d 1411; 5th Cir. 1988, cert. denied, 488 U.S. 889, 1988. Affirming judgment for defendant in overtime compensation case under FLSA, after remand from the U.S. Supreme Court in Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 1985.
State Court Cases
United Services Automobile Association v. James Steven Brite, No. 05-0132, In the Supreme Court of Texas (reversing judgment for Brite and dismissing case because county court law lacked jurisdiction to hear case).
Jacqueline Michelle Wedgeworth v. CHRISTUS Spohn Health System Corporation d/b/a CHRISTUS Spohn Hospital Shoreline, Cause No. 03-3806-D, the 105th Judicial District Court, Nueces County, Texas. Granting summary judgment to defendant on plaintiff's fraud, negligent misrepresentation, and intentional infliction of emotional distress claims.
Steve Childers v. King Ranch Inc., Cause No. 00-649-D, the 105th Judicial District Court, Kleberg County, Texas. Granting summary judgment to defendants on plaintiff's defamation and equitable estoppel claims.
Steve Childers v. King Ranch Inc., No. 13-03-00006-CV, the Court of Appeals for the Thirteenth District of Texas. Affirming summary judgment for defendants on plaintiff's defamation and equitable estoppel claims.
IUE/CWA, Local 1122 and Horton Automatics, FMCS Case No. 055-1153; grievance of IUE/CWA. Denying union's grievance regarding medical insurance benefits.
Publications and Speeches
"Human Resources on Trial," San Antonio Manufacturers Association, 2006
"Nondiscrimination and Reemployment Rights of Military Service Members," Texas Association of Business, Employment Law Handbook, 2005.
"USERRA Update and Review of Accommodation Obligations for Veterans With Disabilities," Bracewell & Giuliani client conference, 2005.
"When Johnny and Janie Come Marching Home: Employer Obligations and Current Issues Under USERRA," San Antonio Manufacturers Association, 2005.
"When Johnny and Janie Come Marching Home: Employer Obligations and Current Issues Under USERRA," Texas Employment Law Council, 2003.
"Arbitration Provides an Alternative to Litigation for Multifamily Housing Employers," 2002.
J.D., with distinction, St. Mary's University School of Law, 1985
M.L.S., North Texas State University, 1973
B.A., North Texas State University, 1972
U.S. Courts of Appeals for the 5th and 9th Circuits
U.S. District Court for the Northern, Southern and Western Districts of Texas
San Antonio Bar Association
State Bar of Texas, Labor and Employment Section
American Bar Association, Labor and Employment Section
San Antonio Manufacturers Association
John M. Harlan Society
Best Lawyers in America, Labor and Employment Law, 2011 and 2012