A federal judge has a job for life. They are generally more professional and more careful than a state district judge. But, not always. Judge Lynn Hughes of the Southern District of Texas is not so careful. Sitting in Houston, he was just recently criticized by the Fifth Circuit Court of Appeals for not recognizing
Litigation and trial practice
Sale of Museum to Low Bidder is Upheld
By Thomas J. Crane on
Posted in Litigation and trial practice
When I was a young lawyer, fresh out of law school, I worked as a law clerk for a state district judge in small town Louisiana. My judge had sat on the bench for close to 20 years. Prior to serving as a judge, he had worked as a prosecutor for 10 years or so.
“Rambo” Lawyers Are Out There
By Thomas J. Crane on
Posted in Litigation and trial practice
In the lawsuit business, we have to deal with "difficult" people on occasion. Its just part of the business. Molly DiBianca has written about the "Rambo" litigators – those lawyers who seek victory at any cost. See her post here. Her comment that bullying lawyers tend to lose their cool when they perceive some…
School Trustee Sues Her Former Employer
By Thomas J. Crane on
Posted in Discrimination, Litigation and trial practice
I wrote about this case previously here. A woman filed an EEOC charge but was then elected to the school board of the employer against whom she had filed. Alma Rosa Guzman-Estrada worked for Southside Independent School District for 30 years when she was fired in 2010. Ms. Guzman-Estrada says she was fired two…
Employment Dispute Starts With Not Making the Coffee
By Thomas J. Crane on
Sometimes, its the little things that lead to employment lawsuits. At one Wisconsin law firm, the receptionist, Sandy Weidner, was expected to make the coffee in the morning. One morning, someone failed to make the coffee. Annoyed, management looked at Ms. Weidner’s time card and noted several alleged instances when Ms. Weidner failed to…
Lawyer Skips Trial
By Thomas J. Crane on
Posted in Litigation and trial practice
As lawyers, our time is often not our own. We have to adjust our priorities for our clients, opposing parties and the Court in general. One Minnesota lawyer has learned that the hard way. Tayari Garrett had a trial scheduled at the same time her brother was getting married in France. She filed a motion…
Couple Wins Long Battle with Homeowners Association
By Thomas J. Crane on
Posted in Litigation and trial practice
The average middle class homeowner comes into contact with the legal system in a couple of ways. One way is the dreaded homeowners association. Ed and Billye Simmons took on the homeowners association and won. But, it took them 11 years and $220,000 in legal fees to do so. It all started when the Florida…
Jack Daniels’ Polite Cease and Desist Letter
By Thomas J. Crane on
Posted in Litigation and trial practice
It does not happen often, but once in a blue moon, a lawyer is recognized for civility. Christy Susman, a lawyer for Jack Daniels Whiskey, wrote a very polite cease-and-desist letter to the publisher of a book which used a facsimile of the famous Jack Daniels label on the cover of a book.
The…
When to Accept a Settlement Offer
By Thomas J. Crane on
Posted in Litigation and trial practice
Clients always ask me about settlement and trials. If we do not accept $XX, what will happen at trial, they essentially ask. There is little or no empirical data for that process and how it plays out. Every client must often rely on the judgment of his/her lawyer.
A good rule of thumb is that …
Judge Dismisses Lance Armstrong’s Complaint
By Thomas J. Crane on
Posted in Litigation and trial practice
Judge Sam Sparks, known for straight talk, has dismissed Lance Armstrong’s lawsuit against the US Anti-Doping Agency. Mr. Armstrong filed an 80 page Complaint – versus a typical five page Complaint for a complicated lawsuit. The judge compared the Complaint to a blog post or a press release. Judge Sparks wrote that the court was…