I do not know whether I should laugh or cry as a lawyer at the latest antics of the Trump administration. They have been litigating the Moslem travel ban for some time. Last week, the Fourth Circuit Court of Appeals in Virginia heard oral arguments about the ban. One of the key issues is whether
Juries Cannot Review the Internet During Trial
Our judicial system requires juries to review only evidence produced at trial. That is the system we have had since before 1776. A juror who brings in a medical dictionary to better understand medical testimony would violate the oath they take as jurors. The theory is that a jury should review only the evidence that
Discovery Sanction Award Overturned
Most lawyers avoid discovery sanctions like the plague. Yet, some parties accept the risk. One recent sanctions award amounted to $2.7 million. In a lawsuit entitled Goodyear Tire & Rubber Co. v. Haeger, the U.S. Supreme Court heard an appeal regarding that very lag sanction award. Justice Elena Kagan ruled in a unanimous opinion
Trump Comments Undermine his Own Case
The President has done it, again. He has said things that were later used against him in court. He issued an Executive Order a few weeks ago threatening to cut off funding to cities and communities that supposedly provide “sanctuary” to unlawful immigrants. The city of San Fransisco and other communities filed suit to stop
Fifth Circuit Vacates Attorney Fee Award
In a recent decision, the Fifth Circuit reversed the award of attorney fees to a prevailing plaintiff. In Cervantes v. Cotter, the lower court severely reduced the plaintiff’s fee request by some 75% because the plaintiff’s success was, in the view of the trial court, small. The plaintiffs, noted the trial court, were only
Trump Supporter Accuses Trump of Inciting Violence
This lawsuit against Pres. Trump for inciting violence against protesters continues to turn strange. A man known for espousing white supremacy has counter-sued the three protesters and has accused then candidate Trump of directing him and other supporters to remove the protesters. See Politico report. Matthew Heimbach states in his legal pleading that he
Trump Claims Immunity, Again
In yet another lawsuit against Pres. Trump, three plaintiffs allege they were physically assaulted at a Louisville, Kentucky rally in 2016 when then Candidate Trump encouraged violence against the three. The three persons attended the rally to protest Mr. Trump. One of the persons who struck the protesters was Alvin Bamberger, a member of the
Western District Denies Motion to Dismiss
Mary Ellen Johnson worked at Southwest Research Institute for many years before she was fired. Some time before her termination, she complained about possible discrimination against her due to her gender. She filed an internal complaint with SWRI in June, 2012. She then filed a complaint with the EEOC on Aug. 3, 2012. Several days
Judge Gorsuch Supports More Federal Jury Trials
The jury trial has greatly diminished in federal court. Where once some 10% of cases filed in federal court resulted in a jury trial in the 1960’s, that number has now decreased to less than 1%. The judge proposed for the U.S. Supreme Court wants to help bring back the federal court trial. Judge Neil
Former Government Officials Undermine Trump’s Case
Pres. Trump’s case continues to worsen. Ten former State Department officials signed affidavits attesting that the travel ban does not make the U.S. safer. Former CIA Director, Gen. Mike Hayden, former Secretary of State Madeleine Albright, former Secretary of State John Kerry, former National Security Advisor Susan Rice and others have submitted testimony that the