Litigation and trial practice

A court in New Jersey struck the entire closing argument made by the defense attorney in a lawsuit against Johnson & Johnson. Several plaintiffs are suing Johnson and Johnson on the basis that asbestos in talcum powder decades ago caused them to contract mesothelioma in the plaintiffs’ stomach linings. Mesothelioma is a type of cancer.

The Western District of Texas granted summary judgment involving a CPS worker. The City Public Service worker, Gabriel Sanchez, was employed as a cable splicer for CPS Energy. He was out on medical leave for PTSD when he was fired in 2016. The worker was involved in a second “flash” incident in which he cut

The President’s counsel, Pat Cipollone, sent a letter to the House of Representatives objecting to the impeachment inquiry. It is a five page letter which recounts the many perceived problems with the House investigation. It is signed by Pat Cipollone as counsel to Pres. Trump. But, it appears to have also been edited heavily by

The Western District Court recently awarded attorney’s fees and costs of court in the Johnson v. Southwest Research Institute, No. 15-CV-297,¬†matter. I previously wrote about that trial here and here. The judge awarded $535,609 in attorney’s fees and costs of the lawsuit. Included in that attorney fee figure are attorney fees ranging from

Most, perhaps all, new clients hold an unrealistic view of juries. The movies and television generally depict jurors as somber, thoughtful persons listening intently. The media never depicts what occurs inside the jury room, but we all assume they remain thoughtful, deliberative inside the jury room.

No, they do not. . . . Well, sure,

Clients sometimes come to my office, convinced they have an unassailable lawsuit. They cannot lose. They are certain they have the best evidence. But, in litigation, nothing is ever certain. In the case of Knepper v. Ogletree Deakins, Nash. Smoak & Stewart, P.C., No. 19-CV-0060 (C.D. Calif.), much has gone wrong. Dawn Knepper, who

A major law firm, Pepper Hamilton, conducted an investigation into claims of rape and sexual assault by female students at Baylor University. In 2016, the law firm found fundamental flaws in how Baylor University handled these claims. Coaches were fired over the scandal that emerged. Now, some of those women have sued the university. In

The U.S. Commerce department advanced a reason for the citizenship question in the 2020 census. Department head, Wilbur Ross tried to claim the question was included to help enforce the Voting RightsAct. But, the lower court, in an opinion which was affirmed on appeal by the U.S. Supreme Court, found the reason to be “contrived.”

Once again, I nominate Pres. Trump for the award as the worst client in America. His administration has pursued a weak, almost frivolous appeal regarding the citizenship question on the 2020 census. Finally, just last week, the U.S. Supreme Court said the reason advanced by the Administration for the citizenship question was “contrived.” That is

Lawsuits are generally emotional. Both sides feel strong emotions as the lawsuit progresses. It is tempting to seek a megaphone of some sort and proclaim to the world the injustice being foisted upon us. But, only a few of us have the megaphone Alex Jones has. Alex Jones, the infamous Infowars host has been sued