The Fifth Circuit issued a strained interpretation of events in the recent case of Norbach v. Woodland Village Nursing Center, Inc., No. 13-60378 (5th Cir. 6/18/2015). In Norbach, the employee at a nursing home refused to pray the rosary with a resident. She was asked to do so by a co-worker. She was
Litigation and trial practice
Fifth Circuit Supports Jury Verdict
By Thomas J. Crane on
Posted in Litigation and trial practice
Hilda Gonzalez Garza, an Assistant District Attorney in Starr County told her boss she intended to run for the local elected school board. Her boss, D.A. Victor Canales apparently opposed her candidacy. The D.A. fired the assistant with no warning a couple of days later. Ms. Garza later filed suit under Sec. 1983 alleging infringement…
TV Juries Are So Much Better Than Real Life Juries
By Thomas J. Crane on
Posted in Litigation and trial practice
A couple of years ago, a client told me she was happy with how discovery was going in her case. We had, she assured me, “extremely strong evidence.” My initial reaction was what, what are you drinking?? It seems many folks new to the legal system expect much more. They expect a jury that listens…
Fifth Circuit Finds Equitable Tolling When EEOC Makes Error
By Thomas J. Crane on
Posted in Litigation and trial practice
For those of us who deal with the Equal Employment Opportunity Commission regularly, that can be a lesson in futility. Like too many agencies, they are assigned too many cases and are expected to do too much with too little. So, it is not surprising that the EEOC folks do make their share of errors.…
AG Paxton Seeks to Cancel Hearing in U.S. District Court
By Thomas J. Crane on
Posted in Litigation and trial practice
Now, Attorney General Paxton wants to cancel the hearing in front of Judge Garcia in U.S. District Court. Judge Garcia ordered Ken Paxton and Kirk Cole, the interim head of the Texas Department of Health, to explain why they chose to violate the U.S. Supreme Court decision regarding gay marriage. Judge Garcia has essentially asked…
Fourth Court Finds UIW Police is not a Governmental Unit
By Thomas J. Crane on
Posted in Litigation and trial practice
Well, it is hardly a surprise. The Fourth Court of Appeals has affirmed the district court and found that the University of the Incarnate Word Police Department is not an “arm of the state.” It is not a government. I previously wrote about this frivolous appeal here. See San Antonio Express News report.…
Private University Claims to be an Arm of State Government
By Thomas J. Crane on
Posted in Litigation and trial practice
Frivolous lawsuits and frivolous defenses have always been around. We see one such frivolous defense in the appeal filed by University of the Incarnate Word. UIW is being sued by the family of Cameron Redus. Mr. Redus was shot by a UIW police officer in 2013 after a traffic stop. The family sued UIW. Now,…
AG Paxton Agrees to New Policies
By Thomas J. Crane on
Posted in Litigation and trial practice
So, now AG Paxton and Mr. Cole, head of the Department of Health Services, have agreed to implement policies which will ensure no other gay or lesbian citizens will be denied requests to amend death certificates. The state officers say they will implement these new policies within just a couple of days. In turn, Judge…
AG Reconsiders Amending Death Certificate
By Thomas J. Crane on
Posted in Litigation and trial practice
Well, Ken Paxton and Kirk Cole, the head of the Department of Health, reconsidered. They allowed the spouse of a gay man to amend the death certificate to list him as the spouse. It took about a day for Mr. Paxton and Mr. Cole to reconsider and do as they were were compelled to do…
AG Paxton Ordered to Appear in U.S. District Court
By Thomas J. Crane on
Posted in Litigation and trial practice
It is not surprising that Ken Paxton is being called to appear in U.S. District Court. He gave poor legal advice to Texas’ 254 County Clerks when he suggested they could possibly ignore the Supreme Court ruling regarding gay marriage. I wrote about that inaccurate legal advice here. There is nothing wrong with sincerely…