Some of us trial lawyers enjoy watching the various Trump trials. Partly because we always enjoy watching someone else’s trial. And too,Trump’s legal machinations never cease to amuse and amaze. He disrespects judges hearing his case every day. He even attacks the Judge’s law clerk. In the litigation world, court staff are generally hands off.
appeal
Stating the Facts Honestly
As litigators, we are often called on to summarize facts in one way or another. On appeal, we must summarize the facts of a trial below. What happens when we slant those facts? Good advocacy requires that we slant facts to some degree. But, if we go too far, then we have committed a deception…
Redus Family Settles Lawsuit Against UIW
Nine years after the death of Cameron Redus, his family settled their lawsuit against University of the Incarnate Word. I previously wrote about that lawsuit here and here. UIW embarked upon a creative defense in which it argued that its police force was an arm of the state government, and therefore, immune from suit.…
UIW Lost Latest Appeal
The trial regarding the death of University of Incarnate Word student Cameron Redus is set for Sept. 19, 2022. Years of appeals over the issue whether the UIW police department enjoyed governmental immunity was resolved. That issue was resolved in 2020. See my blog post about that Supreme Court of Texas opinion here. After…
Paxton Urges Extra-Judicial Justice
It used to be that chief law enforcement officers respected the courts and and the laws they must enforce. But, Ken Paxton sees things differently. The chief law enforcement officer for the state recently went on Mike Lindell’s website, Frank, and urged his supporters to contact the judges on the Texas Court of Criminal Appeals…
Paxton Loses Appeal (Not a Surprise)
Well, AG Ken Paxton lost another court hearing. I wrote about his loss at the district court level here. AG Paxton appealed that decision to the Third Circuit Court of Appeals in Austin. That court affirmed the denial of the motion to dismiss. Four senior level employees at the AG’s office complained to the…
Third Circuit Rejects Trump Appeal
So, Judge Brann’s decision has been appealed and within days, the Third Circuit rejected the Trump campaign’s appeal. I wrote about the lower court decision here. In the Third Circuit opinion, Judge Bibas, a Trump appointee, wrote that voters choose the President, not lawyers. “Ballots, not briefs, decide elections.” The entire three-judge panel rejected…
UIW Police Force Has No Immunity
So, it appears after all that the police force of a private entity is not an arm of the state. I mis-read the Texas Supreme Court’s 2017 decision. I wrote about that 2017 decision here. The Texas Supreme Court has now resolved the issue in University of the Incarnate Word v. Redus, No. 18-0351…
Time for Charge Starts when Decision is Made
A frequent issue in discrimination cases concerns when does the time for filing a complaint start? The answer can be complicated when a teacher, for example, is notified her contract will not be renewed the next school year. Do her six months to file start when she is told she will not be re-hired, or…
Coach Kearney Starts Discovery Phase
Coach Bev Kearney’s lawsuit has returned back to the trial court. She will soon start deposing various officials, including former Coach Mack Brown. She also plans to depose former school president, Bill Powers and former Athletic Director, DeLoss Dodds.
I previously wrote about her lawsuit here. Coach Kearney alleges she received harsher discipline in 2013…