Litigation and trial practice

Depositions are usually pretty mild. But, sometimes they include some drama. Jonathan Langley sued IBM for age discrimination. He alleged that a reduction in force was used to pare the number of older workers. At his deposition, he relied in part on some documents given him by current employees of IBM. These documents included slides

One of the aspects unique to employment suits is the simple fact that a fired person will, one hopes, soon find new employment. Generally, for most folks, one job will follow another. That presents new sources of evidence. In Mesa v. City of San Antonio, No. 16-CV-870 (W.D. Tex. 1/23/2018), Abel Mesa worked for

My Cousin Vinny was a wonderful movie in many respects. One of those respects involves the cross examination by Vinny of a so-called eye witness. After close questioning, the “eye witness” admitted he had made eggs and grits while the two defendants were supposedly robbing a small, rural store. As Vinny explained, the witness could

Some judges are exceedingly difficult. Judge Lynn Hughes in Houston seems to consistently press folks’ buttons. Most recently, he has barred a female Assistant U.S. Attorney from his court. Tina Ansari has appeared in Judge Hughes’ court twice in the past few weeks. She was excused from the court by Judge Hughes both times right

In every civil lawsuit, we have this process known as “discovery.” One side can ask the other side for the evidence or potential evidence it possesses. For the discovery process to work, there must be some minimal level of cooperation between the two sides. That requirement allows some room for unscrupulous lawyers to ignore or

In your average lawsuit, this is not supposed to happen. Key witnesses are not supposed to suddenly recall something they have previously denied. Yet, that is what happened in the 2020 Census lawsuit. Wilbur Ross, the head of the Commerce department, now suddenly does recall conversations with then advisor Steve Bannon and Attorney General Jeff

Every discrimination case involves some amount of he said/she said. Most acts of discrimination occur behind closed doors. So, the testimony will be all about a swearing match. But, that does not mean the two stories cannot be confirmed or denied. In a discrimination case, we would want to know, for example, the circumstances behind

Judge Fred Biery is a wonderful asset to the San Antonio legal community. Recently, he demonstrated again why he is the right judge at the right time. One of the costliest and most time-consuming lawsuits in recent memory is the House Canary v. Quicken Loans, Inc., No. SA-18-CV-0519 (W.D. Tex. 8/14/2018) lawsuit. A few

I wrote about a pushy judge in the Paul Manafort trial here. The judge was fussing at the prosecutor and the prosecutor fussed back a bit. Now, the judge has apologized and explained to the jury that he was “probably wrong” for criticizing the prosecutor regarding one of the witnesses. IRS agent Michael Welch