Lawyers are not the best negotiators, even though we are always negotiating something. When I get into settlement talks, I am often surprised at how many folks do not ever negotiate. I often use the example of yard sales and tell clients a settlement is like a yard sale, but with bigger numbers. Some clients
Litigation and trial practice
Parties Should Avoid Hyperbole on Appeal
By Thomas J. Crane on
Posted in Litigation and trial practice
In the litigation business, us lawyers should avoid hyperbole. Unlike the lawyers on television, exagerration is often counter-productive in a real court. Avoiding hyperbole is even more important when prosecuting an appeal. The lawyers for State Farm in Bennett v. State Farm Mut. Automobile Ins. Co., No. 13-3047 (6th Cir. 9/24/13) overlooked that basic…
Trustee and Former Employee Settles Case Against Southside ISD
By Thomas J. Crane on
Posted in Litigation and trial practice
I previously wrote here about Alma Guzman and how she settled her claims against Southside Independent School District. This is the first time to my knowledge that an employee loses a motion for summary judgment and then reaches a settlement. I wondered how that was possible, especially since it sounded like her evidence for retaliation…
Judge Hughes Denies Motion to Recuse
By Thomas J. Crane on
Posted in Litigation and trial practice
Judge Hughes spoke in a discriminatory way about Jitendra Shah and his lawsuit. I previously wrote about Judge Hughes’ ex parte discussion here and here. The Judge discussed the merits of a lawsuit even though the plaintiff’s lawyer was absent. And, he made some stereotypical comments about Indians, Caucasians, state government workers and Indian…
Civil Rights Groups Will Seek $6 Million in Attorney’s Fees
By Thomas J. Crane on
Posted in Litigation and trial practice
I recently wrote about the Texas Attorney General who has filed several high-profile frivolous lawsuits. See my post here. He spent close to $4 million on his political lawsuits. If that was not enough, the Attorney General also lost big in a big lawsuit. The winning party in a civil rights lawsuit has the…
Summary Judgment Has Become So Common And Jury Trials So Rare
By Thomas J. Crane on
Posted in Litigation and trial practice
I have written about this before, but it happens so often that it requires emphasis. As lawyers and a judicial system, some of us just do not "get" summary judgment. Summary judgment is not about who wins or loses, or rather, it should not be about who wins or loses the lawsuit. After all, if…
Texas Attorney General Files Frivolous Lawsuits
By Thomas J. Crane on
Posted in Litigation and trial practice
If I said one day, " I go to work, I sue the federal government, and then I go home," I would be accused of filing frivolous lawsuits. When Greg Abbott says the same thing, that he goes to work, sues the federal government, and then goes home, he is accused of effective politics. The…
Seventh Circuit Overrules “Self-Serving” Affidavits
By Thomas J. Crane on
Posted in Litigation and trial practice
There are a number of institutional obstacles placed in the way of plaintiffs in employment lawsuits. One of those obstacles is the "self-serving" affidavit principle. Numerous cases have held that a plaintiff must have more than a "self-serving" affidavit on which to base his claim . . . as though there was such a thing…
Seventh Circuit Dismisses Case Because Plaintiff Lost Temper at Mediation
By Thomas J. Crane on
Posted in Litigation and trial practice
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…
Avoid Personal Issues in a Lawsuit
By Thomas J. Crane on
Posted in Litigation and trial practice
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…