One of the aspects unique to employment suits is the simple fact that a fired person will, one hopes, soon find new employment. Generally, for most folks, one job will follow another. That presents new sources of evidence. In Mesa v. City of San Antonio, No. 16-CV-870 (W.D. Tex. 1/23/2018), Abel Mesa worked for

In every civil lawsuit, we have this process known as “discovery.” One side can ask the other side for the evidence or potential evidence it possesses. For the discovery process to work, there must be some minimal level of cooperation between the two sides. That requirement allows some room for unscrupulous lawyers to ignore or

In litigation, social media has become a very hot issue. Many parties think they can obtain that final, critical piece of evidence from social media. One example is Facebook. Many employers involved in a lawsuit request the employee’s Facebook posts for a certain time period. The rationale is that a victim of discrimination cannot legitimately

Most lawyers avoid discovery sanctions like the plague. Yet, some parties accept the risk. One recent sanctions award amounted to $2.7 million. In a lawsuit entitled Goodyear Tire & Rubber Co. v. Haeger, the U.S. Supreme Court heard an appeal regarding that very lag sanction award. Justice Elena Kagan ruled in a unanimous opinion

Many, if not all discrimination cases, require that the employee compare him/herself to other employees. It is simply the nature of employment lawsuits that a victim alleges s/he was treated differently than others. To make that allegation, the employee must seek documents and records concerning his/her fellow employees. So, it is no surprise that Coach

I previously wrote about Judge Lynn Hughes of the Southern District of Texas here and here.  Again, he has ordered no discovery in a lawsuit that could not function without discovery.  And, again, he has been overruled by the Fifth Circuit Court of Appeals.  See opinion here.  The Fifth Circuit seems to be

Discrimination lawsuits, like many lawsuits, rely heavily on discovery.  Discovery is the process by which we seek the other sides’ evidence.  In employment cases, the discovery process takes on added importance because the employer has most of the key evidence.  The employer, for example, posses personnel records regarding other employee who were terminated for similar