5th Cir. Revives Professor Tort Claims Over Denied Tenure (1)

A federal appellate court partially reinstated a law professor’s defamation and tort claims, following the Texas Supreme Court’s ruling that such claims arising from the same workplace bias allegations are actionable.

The US Court of Appeals for the Fifth Circuit overturned a district court order that prevented Cheryl Butler, who accused Southern Methodist University and its employees of discriminating and retaliating against her by denying her tenure application, from proceeding with her common-law tort claims. They include breach of contract, conspiracy to defame, and negligent supervision allegations.

Butler claimed her tenure denial resulted from racial discrimination and retaliation, with her ...