In the age of social media, it is tempting for trial lawyers to communicate in some way with potential juries. But, lawyers who succumb to that temptation will learn the lesson one Georgia lawyer learned. Both before and during the start of a trial in Gwinnett County, Georgia, the plaintiff lawyer posted videos explaining “three
jury verdict
$366 Million Awarded to One Plaintiff
A jury verdict for $366 million is very rare. It is especially rare for a single plaintiff case. It is even more rare in federal district court. Yet, that is exactly what happened in Harris v. Fedex, No. 21-CV-01651 (S.D. Tex.). Jennifer Harris sued Fedex for discrimination and for retaliation after she complained about…
Jury Finds for One Plaintiff
Three former employees of the Lion & Rose restaurant sued their employer for violating the Emergency Paid Sick Leave Act of 2020. The lawsuit came known as Summers v. Olde England’s Lion & Rose Rim, No. 20-CV-00929 (W.D.Tex.). The EPSLA ended in December, 2020. It provided for paid sick leave for persons who contracted…
Justices Accepted Donations, Changed Mind
I wrote previously about the Apache Corp. v. Davis, No. 19-0410 (Tex. 2021), decision here. I mentioned then that Justice Hecht’s largest campaign donor was the law firm, Vinson & Elkins. Vinson & Elkins represented Apache Corporation during its appeal. This controversy started in October, 2020, when the Supreme Court denied Apache’s request…
Punitive Damages Award Requires Evidence of Conscious Wrongdoing
I tell my clients regularly that even when a plaintiff wins, most juries do not award compensatory damages or punitive damages. Punitive damages are rare in employment cases. What would be required for a jury or judge to award punitive damages. We get a look at what is required in Rhines v. Salinas Construction Technologies…
Fifth Circuit Affirms Same Sex Harassment Trial Verdict
The law must reflect the everyday reality of all Americans. If the law is not grounded in reality, it is no longer "the law." It becomes something oppressive. Judge Tate, a long-time judge on the Fifth Circuit, used to say that an appellate decision should make sense to a barber in Ville Platte, Louisiana. He…
Fifth Circuit Overturns Jury Verdict Again
Federal trials have become as rare as hen’s teeth. In the appeal of a jury verdict in Phillips v. Leggett & Platt, Inc., we see part of the reason why. A Mississippi jury found that the defendant had discriminated against Jean Phillips on the basis of her age. Ms. Philips was 66 years old when Leggett…