There is a reason why persons do not routinely – or ever – file weak lawsuits. First, a reputation for weak lawsuits will follow you from court to court. Second, the judge will get annoyed and sanction you. Judge Middlebrooks of the Southern District of Florida has done all the above. Former Pres. Trump filed
I wrote about the Judge’s initial decision here. Judge Linda Parker, a federal judge in Detroit, found lawyers Sidney Powell, Lin Wood and others guilty of filing a frivolous lawsuit. Their weak lawsuit claimed there was election fraud in the Michigan 2020 election. Their allegations were just silly. Worse, they had no evidence with
Clients and others sometimes ask me what “sanctions” are in the lawsuit business. This decision shows what the worst sanctions look like. In one of those frivolous election lawsuits filed late in 2020, the two lawyers have been sanctioned $180,000. U.S. District Magistrate Judge N. Reid Neureiter sanctioned two lawyers, Gary D. Fielder and Ernest
Well, I previously wrote about yet another frivolous lawsuit by the former Attorney General, Greg Abbott. But, then he actually won the suit on appeal. See my prior post here. The former AG sued the EEOC regarding enforcement guidance issued by the agency on criminal background checks. The case is State of Texas v.
So, now Coach Art Briles has sued Baylor University for “wrongful termination.” See San Antonio Express News report. The saga of the Baylor University football team reached its apex a few weeks ago when the Pepper Hamilton law firm report was released. The report implicated Baylor University officials, including Coach Briles, in the half
I have written about Greg Abbott’s many frivolous lawsuits and frivolous defenses to meritorious lawsuits. One such lawsuit was filed by Wendy David and other civil rights organizations regarding re-districting in 2011. Wendy Davis and the other minority groups won their lawsuit. They were awarded a million dollars in legal fees. I wrote about that
Many lay persons have this idyllic view of the judicial system that judges are sober, thoughtful and the jury members even more so. But, judges and jury members are human, after all. Indeed, many members of the jury, like many citizens at large, are skeptical about claims of discrimination. Judges are no different. In fact,
So, Greg Abbott files another frivolous lawsuit. He has filed suit against the federal government over Pres. Obama’s immigration measures. See San Antonio Express News report (account required). And, as before, the lawsuit is described as frivolous by lawyers familiar with immigration law. One immigration lawyer describes the lawsuit as "political theater." I have written
In 2012, the EEOC issued guidance to employers regarding criminal background checks. Criminal background checks can have a disproportionate impact on minorities. The EEOC’s goal was to help employers avoid a blanket rule prohibiting hiring folks with criminal records. In 2013, the state of Texas, filed suit against the EEOC to enjoin the implementation of
In federal court, the parties are subject to sanctions for any number of offenses, ranging from discovery abuse to filing frivolous claims. Sanctions can include everything from money to a prohibition of certain evidence. Federal Rule of Civil Procedure Rule 54(d) allows the winner in a lawsuit to seek an award of attorney’s fees. The