Some folks refer to the President as the Twitter-in-Chief. Well, he should also be considered as the Litigator-in-Chief. He tossed out provocative statements at campaign rallies like they were candy. At one rally in Louisville, he exhorted his supporters to rough up a couple of protesters. He also added, as the protesters were being forced
Success Rates Plummet in Federal Court
Success rates for plaintiffs in federal court have dropped dramatically from the 1980’s. In a study by two University of Connecticut law professors, they reported a success rate of 70% for plaintiffs in federal court in the mid 1980’s. The study looked at adjudicated civil cases of all types. That rate dropped to about 35%
Facebook Discovery Important in Many Lawsuits
In litigation, social media has become a very hot issue. Many parties think they can obtain that final, critical piece of evidence from social media. One example is Facebook. Many employers involved in a lawsuit request the employee’s Facebook posts for a certain time period. The rationale is that a victim of discrimination cannot legitimately
Plaintiff Sanctioned for Bad Faith Negotiations
In federal court, sanctions are a real possibility. The parties need to behave themselves and act in a professional manner. That even applies to a settlement conference. In Chen v. Marvel Food Services, Inc., No. CV-15-6206 (E.D. N.Y. 11/21/2016) (FLSA), the court scheduled a settlement conference. The parties were required to come to court
Pro Se Case is Quickly Dismissed
It is difficult to find a lawyer who specializes in employment law and who represents employees. Most employment lawyers represent the employer and are not willing to represent employees. The typical plaintiff starts out talking to Personal Injury lawyers, because PI lawyers advertise. So, many times, the employment plaintiff must file his/her own case pro
Lawyer Sanctioned for Too Many Objections at Deposition
People new to lawsuits do not appreciate how depositions work. No judge is present at a deposition. So, the lawyers’ behavior, good or bad, depends entirely on them. We see this regarding objections. In front of a jury, we lawyers avoid objections, because the jury will not understand. They may think we are trying to
No Sanctions for ADA Tester
Howard Cohan visits many public establishments. Mr. Cohan is restricted to a wheelchair. He is disabled. But, he visits these public establishments in Florida to see if they are accessible to persons with disabilities. Many restaurants, stores and motels get nervous when they see him rolling toward their front door. See Cohan v. Southeastern
UIW is a Governmental Unit, says Texas Supreme Court
Well, I described the argument as a silly one, but it was not too silly for the Texas Supreme Court. In the case of Redus v. UIW, the Supreme Court ruled that the law enforcement department of a private university is a governmental body for purposes of qualified immunity. With qualified immunity, the law
Muslim Language *Was* on Trump Campaign Website
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