Taking depositions by phone or Zoom invites abuse. In one 2018 deposition, the defense lawyer texted advice to the witness and was caught. The witness was an insurance adjuster who was testifying about a worker’s compensation case. Derek Vashon James, a Florida lawyer, represented the employer. The court reporter refused to swear in the adjuster,
The death penalty sanction is very rare in litigation, but it does happen. In Hornady v. Outokumpu Stainless U.S., No. 18-00317-JB-N (S.D. Ala. 11/18/2021), the court specifically found the defendant had obstructed discovery for years. The lawsuit concerned a Fair Labor Standards Act collective action – a class action lawsuit. As part of every
Every few years, we have to re-litigate the so-called self-serving affidavit doctrine. I have written about that silly doctrine here and here. The self-serving affidavit more or less, provides that a person making a claim myst have some evidence to corroborate his/her factual statement. That does not make much sense. The U.S. Supreme Court
Clients and others sometimes ask me what “sanctions” are in the lawsuit business. This decision shows what the worst sanctions look like. In one of those frivolous election lawsuits filed late in 2020, the two lawyers have been sanctioned $180,000. U.S. District Magistrate Judge N. Reid Neureiter sanctioned two lawyers, Gary D. Fielder and Ernest
It is no secret that we have been involved in a pandemic since March, 2020. The issue of masks has grown and grown. Some folks are vehemently opposed to wearing masks. One woman here in San Antonio has filed suit against Northside Independent School District, because she was required to wear a mask. Jamie Marroquin
As trial lawyers, we appear in court often. We all have felt the urge to tell the judge how we really feel. Most of us resist it. But, not Elizabeth McLaughlin in San Antonio. Ms. McLaughlin objected to being assigned to a visiting judge. The judge who heard her objection overruled her objection. Ms. McLauglin,
I previously wrote about Judge Sam Kent here and here. He was a Federal Judge in Galveston, Texas. Even before the allegations arose, he was known as a bullying sort of judge and one who was generally opposed to discrimination lawsuits. Allegations arose that he was harassing female members of his staff. He attacked
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,