Litigation and trial practice

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Mediation is now a common part of any lawsuit.  The EEOC has also embraced mediation.  Mediation is the process by which a nuetral third person explores the possibility of settlement.  When the EEOC performs mediation, it provides its own mediator.  The EEOC mediators are not active investigators.  Usually, at a mediation, the two parties remain…

In employment cases, it is very difficult to not take things personally.  When a person works for a company for 20 years and then gets fired because s/he comes down with some illness or because a new boss does not like minorities, then it does get personal.  I know.  But, once the lawsuit is filed…

So, just a few days after their first warning to an employer, the Ninth Circuit issues another "show cause order"  to a second employer about filing a frivolous petition for writ of mandamus.  The court again states it will impose monetary sanctions unless the employer can show good cause for its appeal.  In In Re…

There has been much talk in law review articles and some seminars about the disappearing jury trial in federal courts.  The courts are granting dismissals and summary judgments more and more.  So, these days, the true battle is often over the employer’s motion for summary judgment.  Mike Maslanka recognizes that new dymanic when he pens…

The trial regarding George Zimmerman has been going on until 10 p.m.  That is a very long day, when you consider that both sets of lawyers will need to complete several tasks every night after a trial.  During a trial, both sets of lawyers will spend anywhere from 2 – 4 hours, or more preparing…

When I was a young law student, the professors loved to talk about the erudite opinions of Judge so-and-so.  Judge Learned Hand of the Second Circuit was one such judge.  Justice Brandeis was another.  I suppose if any such judges are around today, Judge Posner of the Seventh Circuit would qualify.  His opinions frequently distills…

In law school, we learn how to read legal terminology.  Learning to "read the law" may be the most important skill lawyers develop.  But, learning to read it does not mean we should actually use that mumbo-jumbo.  Personally, I diligently avoid words like "therein" and "herein," but am not offended if other lawyers prefer "legalese."…