The first thing one defense lawyer does when he is hired for an employment case is check the employee’s Facebook account. See blog post. Eric Meyer, a defense lawyer, looks for references to the work place or the employer. He prints out any pictures. He looks for any information that refutes or refers to
Litigation and trial practice
Settling Discrimination Lawsuits is Complicated
Settling a discrimination lawsuit is never easy. The employee and employer both have to develop some understanding of evidentiary issues, personnel issues and employment caselaw within a very short amount of time. I have discussed settlement before, here, and here. The client must also come to some understanding of the opposing side…
Two Lawyers Sanctioned by the Florida Supreme Court
As lawyers and advocates, we have to be assertive on behalf of our clients. And, yes, more than we should, we get emotionally wrapped up in our cases and our client’s cause. But, two Florida lawyers took the advocacy part of the job way too far. One lawyer referred to the other as "retard." The…
Man Tries to Cancel His Own Hearing
A podiatrist from the Hondo, Texas area tried to cancel his own hearing in US District Court. See San Antonio Express News report. Donald E. Robinson faxed papers to the federal courthouse announcing that his hearing had been canceled and naming himself as a surety for a $300 million bond, I presume to guarantee…
Juror Removed for Posting Jury Result…. Before the Trial was Over
Trial lawyers treat jurors with kid gloves. We are extra polite, extra respectful in regard to those citizens who perform their civic duty without complaint. The pay is low, yet their service is invaluable. But, what do you say when a juror violates one of the basic requirements of jury duty? A trial is a…
Mad Juries = Large Verdicts
I have written here before that high dollar verdicts often indicate a jury became angry about a lawsuit. In Velez v. Novartis Pharmaceuticals Corp., the jury awarded $250 million in punitive damages. See posts here and here. This is the largest punitive damage award in any class action lawsuit, I am told. Novartis,…
Lawyers Choosing Clients
How do employment lawyers choose clients? Mike Maslanka, a defense employment lawyer, talks about this topic. He discusses a talk he had with a plaintiff employment lawyer from Houston. The Houston lawyer said he asks two questions: 1) what reason did the employer give for terminating you? 2) what was the real reason? This…
Judge Orders Facebook Updates to be Produced
In a recent decision, a federal court in Southern indiana ordered two plaintiffs to turn over their Facebook entries, wall postings, photos, groups joined, etc. See report. Mike Maslanka reports that the EEOC filed suit alleging sex harassment on behalf of two women. See EEOC v. Simply Storage Management, LLC. The Court…
Lawyers Behaving Badly at Depositions
Another example of lawyers behaving badly at depositions. A Florida lawyer, Robert J. Ratiner was sanctioned for his conduct at a deposition. See ABA Journal report. His latest sanction is that he
cannot attend a deposition alone for the next two years unless the deposition is video taped. As reminder, depositions is the event…
State District Judge Serves on Jury
A state district judge was selected for a jury in Dallas County. Judge Carlos Cortez was shocked that he was not stricken by one side or the other. But, he says he enjoyed the experience. He declined to serve as jury foreman, because he wanted to watch the process. He eventually became the lone dissent…