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In 2012, a Bexar County jury awarded a former SAWS employee $1.6 million in damages in a retaliation lawsuit.  Debra Nicholas had opposed possible discrimination by her employer, San Antonio Water System in 2006.  Her job was eliminated in 2009.  SAWS claimed her job was eliminated as part of a re-organization.  But, her job was…

In the litigation business, us lawyers should avoid hyperbole.  Unlike the lawyers on television, exagerration is often counter-productive in a real court.  Avoiding hyperbole is even more important when prosecuting an appeal.  The lawyers for State Farm in Bennett v. State Farm Mut. Automobile Ins. Co., No. 13-3047 (6th Cir. 9/24/13) overlooked that basic…

So, just a few days after their first warning to an employer, the Ninth Circuit issues another "show cause order"  to a second employer about filing a frivolous petition for writ of mandamus.  The court again states it will impose monetary sanctions unless the employer can show good cause for its appeal.  In In Re…

Judge Edith Jones has been accused of making racist comments and discussing pending cases.  I previously wrote about that here.  Well, one of those pending cases came before the Fifth Circuit.  A man convicted of rape and murder and scheduled for execution has requested a stay of execution.  His lawyers asked that Judge Jones…

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…

In Texas, unemployment benefits are awarded to employees who lose their job through no fault of their own.  That is the general rule.  It is one area in Texas employment law where fairness carries some weight.  The process starts when the employee files a claim for benefits.  Texas Workforce Commission will then request a statement…

 A lawyer friend had a client once who insisted on asking for $1.5 million to settle a discrimination case.  The client did not make anywhere close to a six figure salary.  He had lost very little income income.  My friend the lawyer, tried and tried to describe to him the reality of low damage cases…