Litigation and trial practice

Many defendants do this to some degree in a lawsuit: they exaggerate the testimony of the plaintiff or other witnesses. There is sometimes a fine line between advocating a position and outright fabricating evidence. In Flores v. DISH Network, the defense firm, Littler Mendelson, crossed that line. Littler Mendelson primarily practices employment law across

When I mention “sanctions” to clients, their eyes get big. They ask me what are sanctions? Sanctions are whatever a judge thinks is appropriate for folks who abuse our judicial system. Most abuse is pretty minor. So, sanctions will be minor. One client refused to disclose a medical care provider, because the medical care was

Sometimes, during an employment lawsuit, the employer will subpoena records from employers before the defendant employer even hired the plaintiff. What relevance would employment records have which date to before the job where the discrimination occurred? Maybe not much. Some defense lawyers seek prior records as much to intimidate the employee as to obtain actual,

In most employment lawsuits, the defense has all the pertinent records. So, as one might expect, some defendants resist producing those documents. In Hernandez v. Clearwater Transportation Ltd., No. 18-CV-00319, 2021 WL 148053 (W.D. Tex. 1/15/2021), the defendant objected to several requests seeking information about other employees who were pregnant. The plaintiff herself was

It could happen to anyone. But, when it happens to a lawyer, problems will follow. An email was sent to attorney Aaron Allison notifying him that a motion for summary judgment had been filed. Unknown to Allison, the email was caught in an obscure spam folder. Mr. Allison did not see the email. he did

Election lawsuits proliferated like mushrooms back in November and December, 2020. One such lawsuit was even filed as a class action on behalf of “all U.S. registered voters” alleging a coordinated effort to change voting laws and use unreliable voting machines to interfere with the presidential election. The two lawyers, Gary Fielder and Ernest Walker,

I wrote previously about the Apache Corp. v. Davis, No. 19-0410 (Tex. 2021), decision here. I mentioned then that Justice Hecht’s largest campaign donor was the law firm, Vinson & Elkins. Vinson & Elkins represented Apache Corporation during its appeal. This controversy started in October, 2020, when the Supreme Court denied Apache’s request

Zoom hearings have become common place. Those court hearings also see appearances by lay persons. As with any busy court house pre-pandemic, some lay persons do not appreciate the serious ness of the courtroom. One recent non-lawyer appeared at a district court hearing in Centreville, Michigan. His screen name was “buttf—er 3000.” The judge was

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