I admire the litigation process very much. The strength of our system here in the US is that virtually anyone can file suit for any perceived wrong. But, the strength is also the weakness. Anyone can file suit over anything. People for the Ethical Treatment of Animals (PETA) has sued Seaworld in San Diego to
February 2012
Judges Do Drop Hints
By Thomas J. Crane on
Posted in Litigation and trial practice
My clients often tell me some horrible deed by the employer and quickly ask me "can they do that?" To me the real question is "will the employer’s act and his explanation pass muster with the judge and jury?" I usually answer by "guestimating" what how a jury would respond. If the client really presses…
Its Hard to Finance a Discrimination Lawsuit
By Thomas J. Crane on
Posted in Litigation and trial practice
Financing discrimination lawsuits is difficult. The plaintiffs often are unemployed by the time they even find a lawyer. Many potential plaintiffs do not find a lawyer, at all. So, it is not surprising to see three women who are suing DePaul University have set up a website seeking donations for their lawsuit. See their website…
Fifth Circuit Overrules Arbitration Agreement
By Thomas J. Crane on
Posted in Employee handbook
In Carey v. 24 Hour Fitness, USA, Inc., No. 10-20945, (5th Cir. 1/25/12),we have another caes regarding an arbitration clause in an employee handbook. But, this time, the court of appeals found that the arbitration clause was not binding. The cause prohibited entering into any class actions based on the Fair Labor Standards act. The employee…