A recent case in the Western District of Texas illustrates the problems with EEOC deadlines. Under Title VII, a worker must file a complaint with the Equal Employment Opportunity Commission prior to filing any lawsuit. Once the EEOC completes its work on a "charge" of discrimination, the EEOC will issue the "right-to-sue" letter – which
Litigation and trial practice
Chances of Success at Trial and Appeal
By Thomas J. Crane on
Posted in Litigation and trial practice
Usually at settlement times, clients ask me about our chances for success at trial. What might happen at trial drives everything in a lawsuit, especially settlement. But, predicting 6 to 12 of our fellow citizens is more art than science. Jury dynamics are often mysterious. There are so many variables in jury deliberations that that…
Lawyer Files Suit Over Suit
By Thomas J. Crane on
Posted in Litigation and trial practice
Ok, I have been tempted once or twice to file suit when someone at the store gets my order wrong, or they make me wait too long. i might have even joked about doing so once or twice. But, I have never seriously considered suing over something trivial. I mean, let’s be real.
But…
Scooter Store Furloughs Employees
By Thomas J. Crane on
Posted in Litigation and trial practice
The Scooter Store is in trouble. The Scooter Store settled a disability discrimination lawsuit just a few months ago. See my prior post about the Scooter Store settlement. In January, a CBS News report suggested the power wheelchair companies were "ripping off the government." In February, the FBI and other agencies executed search warrants at…
Court of Appeals Affirms Sale of Museum Building To Low Bidder
By Thomas J. Crane on
Posted in Litigation and trial practice
The Third Court of Appeals in Austin upheld the lower court decision regarding the former museum building. I wrote about that trial here. In the trial, it appeared from the newspaper account that one of the defendant’s key witnesses was impeached. The court of appeals apparently did not agree with my assessment. See San…
Lying in Online Dating Profiles Can Cost You
By Thomas J. Crane on
Posted in Litigation and trial practice
Be careful with those online dating sites. The American Academy of Matrimonial Lawyers says a recent survey shows that relationship status is a common source of adverse evidence in divorce cases. Do not identify yourself as single if you are not. Do not claim to have no children if you are a parent, warns the…
Texas Civil Rights Project Files Complaint About Judge Hughes
By Thomas J. Crane on
Posted in Litigation and trial practice
The Texas Civil Rights Project, a civil rights advocacy law firm, has filed a complaint about Judge Lynn Hughes. I previously wrote about Judge Hughes here and here. The TCRP filed a complaint with the Fifth Circuit Court of Appeals alleging Judge Hughes uttered racist statements when he discussed a case filed by an…
Lady Gaga Not Happy During Her Deposition
By Thomas J. Crane on
Posted in Litigation and trial practice
A deposition is when one side has the opportunity to cross-examine an opposing witness prior to trial. It is a key event in the discovery process. Lady Gaga, whose real name is Stefani Germanotta, is being sued for unpaid overtime by a former legal assistant. Jennifer O’Neill claims she is owed $393,000 for 7,168 hours…
Judge Discusses Case With One Lawyer Absent
By Thomas J. Crane on
Posted in Litigation and trial practice
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 …
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.