Litigation and trial practice

Donald Trump has sued or been sued some 4,000 times. He ought to know more than many lawyers how to win a lawsuit. Yet, he and his lawyers consistently violate every guideline regarding successful lawsuits. There are only guidelines, because a litigant can do everything right and still lose. Just like a litigant can do

There are few more sensitive issues in litigation than asking a Judge to recuse him/herself. No Judge believes he bears any bias that would affect his rulings. But, in very rare situations, litigants will have to file the appropriate motion. Do not do it the way Alina Habba did it. Ms. Habba responded to one

I previously wrote a post about emotional outbursts at trial here. Emotional reactions to testimony are strictly forbidden in every courtroom. Donald Trump has managed to get away – sort of – with some outbursts. But, this will not last.

Apparently, Me. Trump decided to attend his civil fraud trial in New York when

Donald Trump and his family are on trial for allegedly defrauding banks and businesses. Judge Engoron has already granted summary judgment against the Trumps. That means he has ruled there is no genuine issue f fact such that a jury is needed. The only remaining issue is damages.

Mr. Trump was upset that there was

Once again, Trump lawyers give us a master class in how not to litigate. Donald Trump was sued in New York civil district court for civil fraud. Attorney General James claimed the Trumps perpetrated fraud among lenders when they vastly overstated the value of their holdings. A couple of days ago, the judge presiding over

In the recent decision in January v. City of Huntsville, No. 22-20380 (%th Cir.7/24/2023), the Fifth Circuit has returned again to its old friend, the discredited “pretext plus” doctrine. I have previously written about this insidious doctrine here and here. In January, a fire fighter had gall bladder surgery. The surgery was

The crime fraud exception to the attorney-client privilege was instituted in reaction to the Watergate scandal of the 1970’s. Observers at the time were shocked how many attorneys were involved in the Watergate mess. It was also surprising at the time how often illegal plans were funneled through lawyers, simply because it was presumed the

We are all intrigued by the possibilities of Artificial Intelligence. But, what happens when AI goes crazy? One lawyer in New York City will soon find out. The lawyer who represents the plaintiff in Roberto Mata v. Avianca, Inc, Steve A, Schwartz, a lawyer with 30 years experience, submitted a brief that was partly