Litigation and trial practice

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Jurors in San Antonio federal court rejected an African-American’s claim that she was subjected to discrimination.  The EEOC represented Mary Johnson in her suit against A.A. Foundries, makers of components for water wells.  The employee had a picture of a noose she was exposed to, but that was not enough for the jury.  The plaintiff…

The New York City Bar Associaition has isssued an ethics opinion finding that lawyers may research potential jurors’ backgrounds on social media sites.  But, the lawyer or his staff may not contact the juror and must avoid actions that might allow the juror to know the research is being conducted.  For example, a law office…

There is a reason why we lawyers prefer judges who can keep their cool.  We call it "judicial temperament."   It describes the ability to keep one’s cool even when very irritated by the inevitable human foibles in court.   The judge in this Youtube video lacks judicial temperament.  The judge "goes off" on a…

It was a landmark ruling  a year ago when the US Supreme Court reversed class certification in Wal–Mart v. Dukes.  See Workplace Prof.  If allowed to stand, that class action would have been the largest ever.  But, the US Supreme Court reversed.  Now, Wal-Mart got what it wanted, perhaps.  Some 2,000…

According to a recent survey of parties to employment lawsuits, neither side believes employment discrimination cases are fair.  But, plaintiffs are more likely to feel dissatisfied with their lawyers.  The American Bar Foundation, part of the American Bar Association conducted a survey of parties to employment lawsuits.  See ABA report.  The study is based…

Depositions of the employee victim in a discrimination case is a key event.  The employee must demonstrate that s/he can tell a coherent story and maintain some composure about one of the most difficult events in his/her life.  Deposition strategy for the employer’s lawyer essentially is to obtain information from the employee.  Often, the defense…

Juries do the craziest things, sometimes.  In a trial a few years ago in the Rio Grande Valley, a jury returned a verdict following several days of testimony.  The verdict said yes, the employer violated anti-discrimination laws.  But, the jury said no, the employee did not suffer any lost pay or compensatory damages (emotional suffering).

Dan Schwartz pens an interesitng post at Connecticut Employment Law Blog.  He notes that an employer controls the discipline process.  The employer decides when or whether to terminate an employee.  But, the employer has no control over what lawyer the employee hires.  Dan suggests good questions regarding the employee’s lawyer: does the lawyer typically accept…

Many of my discrimination clients go into settlement talks with the expectation they will receive enough in settlement to retire.  No, not hardly.  Most cases settle for less than $30,000.  Settlement discussions are supposed to reflect the reality of jury verdicts.  And, the reality of jury verdicts is that even when the plaintiff employee wins…