Litigation and trial practice

So, Judge Brann’s decision has been appealed and within days, the Third Circuit rejected the Trump campaign’s appeal. I wrote about the lower court decision here. In the Third Circuit opinion, Judge Bibas, a Trump appointee, wrote that voters choose the President, not lawyers. “Ballots, not briefs, decide elections.” The entire three-judge panel rejected

These lawsuits filed by the Trump campaign are remarkably weak and lacking in evidence. I previously wrote about one such lawsuit in Pennsylvania here. Rudy Giuliani himself appeared in the Pennsylvania lawsuit last week. He literally parachuted into the suit, submitting his motion pro hac vice the day of his appearance. Judge Brann, an

In 2019, Pres. Trump tired of the head of DHS, Kirstjen Nielsen. So, he fired her. He replaced her with an acting head of DHS, Kevin McAleenan. Mr. McAleenan was later replaced by Chad Wolf. Pres. Trump placed a lot of emphasis on DHS, because that agency controlled immigration rules and regulations. On July 28,

As lawsuits go, these are pretty bizarre. The Trump campaign has filed at least a dozen lawsuits in several states seeking to overturn the election results. One lawyer, Mark “Thor” Hearne, from St. Louis, filed a lawsuit in the Federal Court of Claims, apparently intending to file in the Michigan Court of Claims. He blamed

Social media has become one part of the life of millions of Americans. We see Facebook, Twitter, Instagram pages everywhere. But, how will that work in court? How does a lawyer or person use that sort of evidence in court? With photos, a witness can testify about who took the picture and where the picture

I previously wrote about a butt-shaking lawyer here. Attorney Dennis Duffy shook his “booty” to the opposing attorney at a mediation. He mocked the attorney’s ponytail. Dennis Duffy was a  big firm lawyer at the time. The opposing attorney, Alfonso Kennard filed a motion asking the judge to disqualify Mr. Duffy from representing the

So, it appears after all that the police force of a private entity is not an arm of the state. I mis-read the Texas Supreme Court’s 2017 decision. I wrote about that 2017 decision here. The Texas Supreme Court has now resolved the issue in University of the Incarnate Word v. Redus, No. 18-0351

Pres. Trump brought some unusual experience to the office of the President of the United States. He filed over 3,500 lawsuits during his career in business. That is an astounding number. Periodically, I look for prior lawsuits regarding different organizations. I am sure I have never seen more than ten lawsuits for any one organization,

Its a remarkable thing for a sitting U.S. district judge to say about the Attorney General of the United States: Comparing the public statements by AG Barr about the Mueller report, at a time when the public did not have access to the report, to the actual redacted Mueller report, portions of which conflict with