You can file a lawsuit about anything. But, that does not mean you should. Yet, it appears a former TCU football player has done just that. Kolby Listenbee, a talented receiver for the TCU football team from 2012 to 2015, has filed suit against Texas Christian University for supposedly pressuring him to play while he
Litigation and trial practice
Judge Jones Argues with Majority
Judge Edith Jones is at it, again. In a recent opinion, in which she was the loser, she traded angry barbs with her judicial colleagues who comprised the majority opinion. In the case of Doe v. Office of Refugee Resettlement, No. 18-40146 (5th Cir. 3/1/2018), the court addressed the situation of a pregnant immigrant…
Federal Employees Wait Years for an EEOC Judge
For federal employees, they have a different process to trial. A federal employee can file a verbal complaint with his/her local EEO office. The employee must make that initial contact within 45 days of the last act of discrimination. When that process is completed, the federal employee then has 15 days to submit a written…
Plaintiff May Contact Former Managers
In an employment lawsuit, can a lawyer representing an employee contact employees who no longer work for the employer? What if the former employees are former managers? This is important since in most employment cases, the only witnesses are current or former employees.
The answer is yes. The Northern District of Texas so decided in…
Hard to Find Employment Lawyers
I talked the other day about a recent book from the University of Chicago Press: Rights on Trial: How Workplace Discrimination Perpetuates Inequality. See my poor post here. The authors went to federal records and interviewed individual plaintiffs to study how well discrimination lawsuits achieve the simple aim of rectifying discrimination in the workplace.…
Donald, Jr. Claims (Bogus) Attorney Client Privilege
Ummmmm, no. Don Trump. Jr. has claimed attorney client privilege in refusing to answer questions about a conversation he had with then Candidate Trump in 2016. There was a meeting at Trump Tower in June 2016 between Donald Trump, Sr., Donald, Jr., and a lawyer. Early on, Donald, Jr. said it was a brief meeting…
Presidential Tweets are “Official,” Sort of
The thing about lawsuits and making stuff up is you just cannot predict how things will turn out. Pres. Trump has been sued by the James Madison Project, an intelligence watchdog group, and Politico seeking documents related to his tweets that are in turn related to Russia. In James Madison Project v. Dept. of Justice…
Study Finds Limited Success for Discrimination Plaintiffs
Employment cases are difficult for the employee. I have mentioned a couple of studies about the success rates for employment cases. See my prior posts here and here. Now, we have another study. In Rights on Trial: How Workplace Discrimination Perpetuates Inequality, the authors went to federal records and interviewed individual plaintiffs to…
Lawyers Cannot Always Withdraw in Federal Court
Filing suit in federal court is different. Federal court differs from state court in some key respects. One of these respects concerns attorney withdrawal. In state court, most judges would quickly grant a motion to withdraw. Not so in federal court. In GDC Technics, Ltd. v. Grace, No. 15-CV-488-ML, the Defendant’s counsel asked to…
Trump Co-Defendant Pleads No Contest
Donald Trump’s campaign rally in Louisville, Kentucky in 2016 is again in the news. As I have mentioned here previously here and here, the President and his campaign have been sued for roughing up protesters at that rally. One of the defendants with the President is Mathew Heimbach, a white nationalist. He is chairman…