What happens when an employer affords a right of redress to its employees, but not really? The large counties in Texas have the statutory right to create civil service commissions. The commissions provide a measure of job protection to county employees. In providing these protections, politics is removed from job issues, in theory. See generally
appeal
City of San Antonio Relies on Appeals
By Thomas J. Crane on
Posted in Litigation and trial practice
Its an “open” secret in Texas jurisprudence: it does not matter what happens in the lower courts, an employer’s or large corporation’s best chance lies in the Texas Supreme Court. The Texas Supreme Court routinely overrules jury verdicts. See my prior post about the high court taking away jury verdicts here and here.
Gilbert…
Fourth Court Finds UIW Police is not a Governmental Unit
By Thomas J. Crane on
Posted in Litigation and trial practice
Well, it is hardly a surprise. The Fourth Court of Appeals has affirmed the district court and found that the University of the Incarnate Word Police Department is not an “arm of the state.” It is not a government. I previously wrote about this frivolous appeal here. See San Antonio Express News report.…
Private University Claims to be an Arm of State Government
By Thomas J. Crane on
Posted in Litigation and trial practice
Frivolous lawsuits and frivolous defenses have always been around. We see one such frivolous defense in the appeal filed by University of the Incarnate Word. UIW is being sued by the family of Cameron Redus. Mr. Redus was shot by a UIW police officer in 2013 after a traffic stop. The family sued UIW. Now,…
Schlumberger Seeks to Overturn Jury Verdict
By Thomas J. Crane on
Posted in Litigation and trial practice
Schlumberger cannot accept its loss in a recent jury trial. The large oil field service company has asked U.S. District Judge Lamberth for a judgment notwithstanding the verdict. That is, it has asked the judge to toss the jury verdict saying the verdict lacked evidentiary support. See San Antonio Express News report (account required). The…
UIW Claims to be Arm of the Government
By Thomas J. Crane on
Posted in Litigation and trial practice
One of the things about litigation is that strategy often takes precedence over substance. In the Redus family lawsuit against University of the Incarnate Word, the university asked to dismiss the lawsuit. UIW claimed to be an “arm of the government” such that they would be immune to suits for personal injury. Cough, cough. Yes,…
Award of Attorney’s Fees Against EEOC is Reversed
By Thomas J. Crane on
Posted in Litigation and trial practice
I first wrote about this case a couple of years ago. See my prior post about EEOC v. CRST Van Expedited, Inc. It struck me as a good case, but the court parsed the evidence to make it seem like a weak case. Too, the court rejected the view that certain “lead” drivers could constitute…
Sanctions Can Result when a Party Does not Cooperate
By Thomas J. Crane on
Posted in Litigation and trial practice
In federal court, parties can be ordered to pay sanctions. Mentioning that to clients always attracts interest. If a person or entity “mis-behaves” in court, the judge can sanction them. Sanctions include anything from paying money, paying the opposition attorney’s fees to even outright dismissal. In one recent Fifth Circuit decision, a lawyer was ordered…
Lance Armstrong Ordered to Pay Back $10 Million
By Thomas J. Crane on
Posted in Contracts
Arbitration is more and more with us, all of us. Every consumer signs some arbitration agreement sometime, somewhere. Arbitration is increasingly found in the work place. Many employers require their employers to sign agreements to submit any dispute to arbitration. SCA Promotions paid a $10 million dollar bonus to Lance Armstrong years ago for winning…
SAWS Seeks to Move the Goal Post
By Thomas J. Crane on
Posted in Litigation and trial practice
Oral arguments in the case of Nicholas v. SAWS were heard recently. The Defendant appealed the matter to the Texas Supreme Court after losing before the Fourth Court of Appeals. See my prior post about that appeal here and here. In the oral arguments, the defense attorney, Rachel Ekery, said the harassment by the…