Now, they want Bowe Bergdahl to face a general court martial. The investigating officer had recommended a special court-martial instead. The level of punishment is higher at the general court-martial level. The “convening authority” (i.e., the general responsible for the investigation) overruled his investigating officer. The general appointed the investigating officer, so normally, the general

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

I used to work at Disability Rights of Texas. I learned that some folks have some very obscure disabilities. One such disability is arthrogryposis. The impairment causes a person to have paralyzed arms. A reporter, Serge Kovaleski, suffers from arthrogryposis. The reporter wrote a story just after 9/11 quoting some law enforcement officials that some

Large employers and corporations have been pushing arbitration as the panacea for a host of consumer issues, from purchasing phone plans and automobiles to applying for jobs. But, there are some things arbitration just cannot do. In 2012, Lance Armstrong admitted he had used drugs as part of his training regimen. But, for years before

Target has reached a settlement with the Equal Employment Opportunity Commission for $2.8 million regarding Target’s use of personality tests in hiring. It no longer uses the tests. But, it formerly used the tests for executive and professional level hiring. Target dropped the tests when the EEOC started its investigation in 2006. The EEOC’s investigation

The McDonald’s coffee cup case from New Mexico some 20 years ago is often cited by folks alleging lawsuit abuse. What those folks do not know is the coffee was kept at a very high temperature (above 160 degrees) despite many complaints, the lady suffered third degree burns on her inner thigh and the McDonald’s

This is the ugly side of at-will employment. Under at-will employment, a worker can be fired for any reason, so long as the reason does not involve discrimination and a few other rare exceptions. Marissa Holcomb was fired from her job as manager at the Popeye’s in Channel View, a Houston suburb after the place

So, the other shoe drops. Bowe Bergdahl may not have been appropriate for Army service, at all. It turns out that he had been in the Coast Guard before entering the Army. The Coast Guard kicked him out after 90 days. He was removed administratively. As most veterans know, that typically means he had some

The jury in Iraq veteran Juan Alonzo-Miranda’s case deliberated all day Friday and still could not reach a verdict. At one point, they sent the judge a note saying they could not reach a unanimous agreement. Judge Lamberth, however, told them to continue deliberating. The two opposing lawyers agreed they would accept a 7-1 verdict.