Every lawsuit has some small but critical detail. One critical element for any defense is the number of workers employed by the employer. If the Defendant employer wants to take advantage of the caps on damages, it must show the number of employees. In THF Management Houston Corp. v. Gideon, No. 14-18-01103-CV, 2020 WL
Judge Lynn Hughes of the Southern District of Texas is at it again. In the case of Miller v. Sam Houston State Univ., No. 19-20752 (5th Cir. 1/29/2021), Judge Hughes flat denied the Plaintiff any depositions, while granting summary judgment against the plaintiff. Worse, he made statement after statement expressing skepticism about the plaintiff’s
At times like this, we don’t know whether to laugh or cry. Lawyer Paul M. Davis was fired from his job as Associate General Counsel after appearing at the assault on the Capitol on Jan. 6. I wrote about his firing here. On Jan. 18, he filed a lawsuit arguing that every member of
“Sanctions,” the word that causes every lawyer to tremble. Lawyers representing Pres. Trump filed some 60, what can only be described as “frivolous” lawsuits. In Michigan, the City of Detroit has asked that Lin Wood and other lawyers be sanctioned pursuant to Fed.R.Civ.Pro. Rule 11. Rule 11 requires that every pleading be signed in good
Lawyer Jerome Marcus has asked to be allowed to withdraw from his lawsuit against the state of Pennsylvania. In that suit, he represents Pres. Trump. The suit alleges voting irregularities. Lawyer Marcus is known for his statement in court several weeks ago that he is alleging “a non-zero” number of Republicans observing the vote tallies.
Pres. Trump’s lawyers filed dozens of what can only described as “frivolous” lawsuits. Yet, so far, no lawyer has been sanctioned. Most of us would expect some sort of sanction if we had filed a lawsuit completely lacking in evidence. But, in one of the lawsuits, Judge Boasberg did indicate he would consider sanctions. That
The Fifth Circuit has resurrected the self-serving affidavit theory. The theory makes no sense. The so-called self-serving affidavit refers to persons who submit testimony in the form of an affidavit. If the affidavit supports the witness, then that testimony carries less weight – or no weight. In Salazar v. Lubbock County Hospital District, No.
Pro se cases (i.e., for self) typically result in dismissal. These are lawsuits filed by a layperson on his/her own behalf – without a lawyer. I previously posted about a pro se lawsuit here. In another such case, Wynne v. Jubilee Academy, No. 19-CV-00739 (W.D. Tex.), the plaintiff filed the suit herself. Although
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
These lawsuits filed by the Trump campaign are remarkably weak and lacking in evidence. I previously wrote about one such lawsuit in Pennsylvania here. Rudy Giuliani himself appeared in the Pennsylvania lawsuit last week. He literally parachuted into the suit, submitting his motion pro hac vice the day of his appearance. Judge Brann, an