Back before we had courts of law, we had trials by combat to decide the truth of a civil dispute. If your cow tromped through Sir Reginald’s hedges, then Sir Reginald could challenge you to a sword fight to decide who was at fault. Now, we engage in a slightly more fact based approach. But
General
Texas Supreme Court Addresses Issue of Anonymous Blogs
This is a blog. Blogs are growing in popularity. On this blog, you can find my name and contact information easily. But, a few blogs are anonymous for various reasons. One such blog, "Reynolds News & Information," was started by an anonymous blogger known as "Trooper." The blog attacked an Ohio based software developer, Reynolds…
Seguin Man Killed in Afghanistan
A Seguin man has died from his wounds suffered in Afghanistan. SSGT Richard Vazquez served in the Special Forces (i.e., the Green Berets). His wounds were inflicted by an IED (roadside bomb). SSGT Vazquez graduated from Seguin High School in 2004, where he played on the football team. He was the quarterback his senior year.
Capt. Swenson Awarded the Medal of Honor
Capt. William Swenson received the Medal of Honor this week from Pres. Obama. Capt. Swenson received his award for the same battle in which LCPL Dakota Meyer received his Medal of Honor. I previously wrote about Dakota Meyer here. Capt. Swenson exposed himself to enemy fire repeatedly to bring back soldiers trapped in an…
Maj. Hasan Sentenced to Death
Maj. Nidal Hasan killed a dozen soldiers and one civilian as they worked on paperwork or waited for their turn in preparation for a deployment to Afghanistan. I previously wrote about the incident here and here. A jury of senior Army officers deliberated for two hours and found that he should be put to…
Texas Man Files Suit After Being Tasered at Work
Ok, Texas workers do not have many rights, but they do surely have the right to work in a reasonably safe environment. A Houston man has sued his former employer for allowing and encouraging tasering of the plaintiff. Apparently, Bradley Jones was tasered some 24 times in his last nine months at Fred Fincher Motors.
Racism Is Part Of American Life, Unfortunately
President Obama has articulated the black experience for many Americans, but his words really speak to all minorities. "There are very few African-American men in this country who have not had the experience of being followed when they were shopping at a department store, and that includes me." He described walking across a street and…
Preventing Workplace Bullying Starts with the Hiring Process
A panel discussion in Chicago addressed workplace bullying. See ABA Journal report. According to the panel of experts, one-third of employees suffer some workplace bullying. Dept. of Justice statistics say two million violent crimes occur each year in the workplace. Workplace bullying is defined as verbal bullying, as well as physical altercations.
The experts…
An Employer Cannot Control a Manager’s Lawyer
In Texas employment lawsuits, sometimes both a manager and the company are named in a lawsuit. In such situations, the employer typically provides a lawyer for the management official. "Provides" generally means pay for. Almost always, the same defense lawyer represents both the manager and the company. But, the manager’s interest and the employer’s interest…
Employers Cannot Review Password Protected Email Between Employee and Her Lawyer
Courts have only just started wrestling with the limits of online freedom in the workplace. A decision from the New Jersey Supreme Court provides some guidance. In the case of Stengart v. Loving Care Agency, the former employee left her job. She also left behind her employer issued laptop. On that laptop, she had sent…