Litigation and trial practice

In yet another marathon hearing in the New York AG civil lawsuit, Judge Engoron gave Donald Trump a second chance to file an Answer that reflects reality. I talked about his Answer here in which he contradicted previous testimony in other lawsuits.

The judge denied the New York Attorney General’s request for sanctions and ordered

One thing you do not do in court is lie to the judge. Telling a fib in a deposition is tantamount to lying to the Judge. Swearing to a falsehood in a statement is a lie in any court. Any party litigant must write this rule on his/her forehead: do not lie in any court

There is a reason why persons do not routinely – or ever – file weak lawsuits. First, a reputation for weak lawsuits will follow you from court to court. Second, the judge will get annoyed and sanction you. Judge Middlebrooks of the Southern District of Florida has done all the above. Former Pres. Trump filed

In all employment lawsuits, the employer will move for summary judgment or seek dismissal of the case. Even when the facts are very strong, the employer wants to “take a swing” at summary judgment. It should be obvious that the employee must then point to specific facts which show that a trial is necessary. Summary

I previously talked here about Rudy Giuliani appearing in federal court and being woefully unprepared. He gave some really silly answers to serious questions court about his lawsuit. That should have been an embarrassing performance for an experienced litigator.

Now, a three lawyer committee has found that he violated one or more ethical rules in

We can disagree with the findings of some judges. But, the Trump appointed judges do seem to favor hyperbole. I wrote about a Fifth Circuit decision in which three Trump appointed judges argued that funding one federal agency through a second federal agency amounted to “despotism.” See that prior post here. Now, another Trump

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.

The Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, 597 U.S. ___, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022),  is an odd decision. In that opinion Justice Thomas found that no law regarding possession of firearms could withstand judicial scrutiny unless it could be shown that the law fits with

In a very brief order, the Fifth Circuit ordered the release of Catherine Engelbrecht and Gregg Phillips, the two heads of True the Vote. Otherwise, the district court’s order remains in effect. Neither Ms. Englebrecht or Mr. Phillips have yet to disclose the name of the second analyst who supposedly showed them proof that Konnech

Well, Catherine Engelbrect and Gregg Phillips appeared in Judge Hoyt’s court room on Oct. 31, and they did indeed refuse to provide the name of the second analyst. See my prior post on this wild hearing here. So, Judge Hoyt ordered they be confined in jail until they release the name. Engelbrecht and Phillips