Judges always tell jurors not to do their own legal research during a trial. A jury is supposed to use the legal terms provided by the court. Our judicial system relies on legal standards that are known to both sides, defense and prosecution. The two sides to any trial will devote considerable time and energy
March 2011
Whitleblower Files Suit Against San Antonio Constable
A former clerk in Bexar County Precinct 2 has filed suit against Constable Val Flores saying he was wrongfully terminated after blowing the whistle regarding violations of law. See San Antonio Express News report. Michael DeMarquis worked in the Constable’s office’s from August to December, 2009.
The former clerk claims co-workers broke into his SUV…
Do not Diss Your Employer
Texas, like some 40 states, is an at-will state. That means an employer can fire an employee for any reason, so long as the reason is not discriminatory or in violation of the very few protected activities. Yet, some employees still think they can disrespect their employer. See the story about Charlie Sheen. He has…
Texas Lawyer Sues over Rights to Web Address
A Lubbock, Texas lawyer has filed suit against against the Texas Department of Insurance, Worker’s Compensation Division because the Texas Dept. of Insurance sent him a "cease and desist" letter. The TDI had sent John Gibson a letter warning him to stop using the words "Texas" and "worker’s compensation" in the web address. Mr. Gibson…
Guardsman Fired After Refusing Demotion
Some cases come close to home for every lawyer. For me, its cases involving Iraq and Afghanistan veterans. I served in Iraq 2005-06 as a Reserve officer. So, I have some familiarity with veteran issues. The stigma regarding PTSD is often overblown. In this case reported by WFAA in Dallas, a veteran suffered reprisal because…
Supreme Court Upholds Rights of Protestors
The Supreme Court says it is permissible to protest at funerals for dead service members with very provocative signs, such as "You are Going to hell," "Thank God for dead soldiers" and worse. See Yahoo news report. As an Iraq veteran, I would like to "free speech" that pastor in the face. He is deliberately…
Study Shows Arbitration Favors Employers
Alex Colvin of Cornell University has published one of the first empirical studies of arbitration in the employment context. He looked at the reports submitted by the American Arbitration Association, one of the leading providers of arbitrations, in California. The study looked at 3,945 arbitrations, of which 1,213 were decided by an arbitration award. See…
The Perp Parade at Work
If anyone has crazier lawsuits than the US, its the Brits. In this post by Workplace Prof, we see a picture of an employee who was caught stealing money from his employer. The employee made out a check to himself drawing on company funds and cashed it. Do not try this at home, but…