Litigation and trial practice

Subscribe to Litigation and trial practice via RSS

There is much risk when filing a discrimination lawsuit. There is the simple risk that the plaintiff will lose. Most plaintiffs file their lawsuits based on contingency – meaning the lawyer is paid only if there is a recovery of some sort. So, the lawyer incurs the risk of his/her time or money, or both.…

I have written about Greg Abbott’s many frivolous lawsuits and frivolous defenses to meritorious lawsuits. One such lawsuit was filed by Wendy David and other civil rights organizations regarding re-districting in 2011. Wendy Davis and the other minority groups won their lawsuit. They were awarded a million dollars in legal fees. I wrote about that…

Monica Hague filed suit against the University of Texas Health Science Center at San Antonio in 2011. Judge Garcia of the Western District granted summary judgment against her in 2013. The Plaintiff appealed to the Fifth Circuit. The higher court reversed summary judgment regarding Ms. Hague’s retaliation claim and affirmed summary judgment regarding her sexual…

Its an “open” secret in Texas jurisprudence: it does not matter what happens in the lower courts, an employer’s or large corporation’s best chance lies in the Texas Supreme Court. The Texas Supreme Court routinely overrules jury verdicts. See my prior post about the high court taking away jury verdicts here and here.

Gilbert…

The right to confront one’s accusers in trial is a fundamental principle of our judicial system. Or, is it? One lawyer learned that confronting one’s accusers is not so fundamental, after all.

Ernesto Martinez, Jr. was accused of double billing. That is, he was accused of billing two different sets of clients for the same…

Almost always, a pro se plaintiff loses. Pro se describes a plaintiff who represents herself. Many folks are forced to represent themselves when issued a 90 day right-to-sue letter. Ninety days is very little time in which to find an employment lawyer. Most persons with a right-to-sue letter start by calling personal injury firms. It…

In the world of litigation, we see some pretty strange lawsuits. One such lawsuit concerns Monique Rathbun and the Church of Scientology. Monique and Marty Rathbun moved to the Texas Gulf Coast some ten years ago. Marty was the former second-in-charge for the Church of Scientology. The Church followed them to the small town in…