Linda P. Wills Partner

     

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Linda Wills focuses on labor and employment law counseling and litigation. She is co-chair of the firm’s Employment & Labor practice. Linda defends employers through the administrative process and in litigation in state and federal courts. She also has extensive experience representing life, health and disability insurers in litigation matters throughout Texas in state and federal courts, under both ERISA and state law claims.

Areas of Focus

Employment
Linda has extensive experience handling cases with claims brought under Title VII, FMLA, ADA, ADEA, FLSA, 42 U.S.C. §1981, ERISA, and state law fair employment practices statutes, along with tort and contract claims. She represents employers in connection with claims pending before administrative agencies such as the DOL, EEOC, OFCCP and TCHR. Linda regularly advises employers in connection with such issues as hiring and firing (including RIFs), harassment investigations, covenants not to compete and trade secret protection, and preparation and application of employment policies, including presentation of training seminars. Throughout her career, Linda has been published in a variety of professional and legal journals on issues pertaining to discrimination, malpractice prevention in an employment practice, classifying employees and sexual harassment issues.

Life, Health, Disability & ERISA
Linda represents clients in state and federal courts in litigation involving ERISA and non-ERISA disputes over disability, life and health coverage. She has extensive motions, mediation, and trial experience in state court and federal courts, and regularly handles appeals before the U.S. Court of Appeals, Fifth Circuit.

Representative Matters

Obtained summary judgment for oilfield services company on state law age discrimination and retaliation claim. 

Obtained summary judgment for a security guard services company on claims under Title VII brought by a female armed security guard. 

Obtained summary judgment for a disability insurance carrier, in U.S. District Court, Southern District of Texas on a claim for bad faith denial of disability insurance benefits. The court found that the "inactive status" letter the defendant sent to the plaintiff constituted a denial of coverage sufficient to trigger the limitations periods because it informed the plaintiff that payment of benefits had stopped. Because the policy contained a three-year contractual limitation on claims for breach of contract and the noncontractual claims were governed by a two-year limitations period, the suit was dismissed as untimely.

Recently received a favorable jury verdict in defending a national-origin/retaliation claim on behalf of an airport support services company that was upheld at the Fifth Circuit.

Obtained several recent summary judgments, including one for a national clothing retailer on a religion, age and retaliation claim, and has been successful in defending wage and hour collective action claims.

Received favorable summary judgment opinions in the ERISA area, and has been successful at the Fifth Circuit in upholding judgments obtained.

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