A school district spends $552,000 to defend a lawsuit it eventually settles for $150,000. See report at California Labor & Employment Law blog. Does that make sense? No, of course not. Yet, many defendants do just that. They spend far more than the case is worth. Most employment cases settle for anywhere from $10,000
Litigation and trial practice
High Salaries Tend to Produce Large Verdicts
By Thomas J. Crane on
Posted in Litigation and trial practice
I discuss this with clients so often. How much is my case worth? Most clients believe their case is worth millions. And, it is. To you. But, what is it worth to a jury? I have explained that studies of discrimination lawsuits have found that most often, juries do not award compensatory or emotional suffering…
It is not the Employer’s Fault if the Lab Makes a Mistake
By Thomas J. Crane on
Posted in Litigation and trial practice
Many employers require drug tests as a requirement for employment. But, few employers conduct the test themselves. Most employers contract out the actual drawing of the specimen and testing. Some laboratory will perform the test. Some employers will fire an employee for testing positive for a drug test. What happens if the lab makes…
Good Comparative Evidence Helps Show Discrimination
By Thomas J. Crane on
Posted in Discrimination, Litigation and trial practice
There are several ways to prove discrimination. A very common method is to focus on disparate treatment. Bob commits some offense at work. He is treated differently than Pedro regarding the same offense. If nothing can explain why Bob gets treated differently, then one might conclude that he was treated differently due to his ethnic…
Splitting Hairs is not a Strong Defense
By Thomas J. Crane on
Posted in Litigation and trial practice
As often happens in trials, there is substantial dispute over what happened when lawyers for Michael Richard seeking more time. The call went to Ed Marty, general counsel for the CCA. He has given different statements about happened. In one account, he says he told the duty judge, Cheryl Johnson, that the lawyers called. In…
Lawsuits are a Very Personal Business
By Thomas J. Crane on
Posted in Litigation and trial practice
I have talked about this before. Reasonable settlement offers lead to reasonable, or halfway reasonable responses. When you are in the midst of a lawsuit, both sides have their "dander up." It is hard to be reasonable. But, it is just when it is hardest that it is most critical to appear reasonable. Pursuing…
Think Twice Before Going into “Fight” Mode
By Thomas J. Crane on
Posted in Litigation and trial practice
Most employees who come see me have thought twice, three times, even 20 times before they decide to file a complaint, or worse, file suit against the employer. In his blog, Michael Maslanka cautions employers to think twice before going into "fight" mode when an employee files an EEOC charge or even a lawsuit.
Lawyer Gets Caught “Coaching” a Witness
By Thomas J. Crane on
Posted in Litigation and trial practice
When President Clinton was still President and he was getting into some trouble about having lied in a deposition regarding alleged sex harassment, a former client called me. He was upset. He said Pres. Clinton is getting into so much trouble for lying in his deposition, but so-and-so manager lied in his deposition and did…
Ricci Decision Re-Looks Basic Premises
By Thomas J. Crane on
Posted in Litigation and trial practice
Well, as often happens, the new decision is out but it will take months or longer to understand what it means. The US Supreme Court issued its decision in Ricci v. DeStefano, the New Haven, Connecticut firefighters case. Workplace profs have observed:
"To say that concern over the possibility of a discriminatory effect…
Finding a Plaintiff Employment Lawyer is Never Easy
By Thomas J. Crane on
Posted in Litigation and trial practice
Looking for a lawyer is never easy. In the employment law business, many clients call me or other plaintiff employment lawyers at the last minute or close to the last minute. Typically, potential plaintiffs do not start calling lawyers until they receive the "right-to-sue" letter from the Equal Employment Opportunity Commission (EEOC). Most charging parties…