The jury trial has greatly diminished in federal court. Where once some 10% of cases filed in federal court resulted in a jury trial in the 1960’s, that number has now decreased to less than 1%. The judge proposed for the U.S. Supreme Court wants to help bring back the federal court trial. Judge Neil
Bexar County Jury Awards $127,000 in Attorney Fees
By Thomas J. Crane on
Posted in Litigation and trial practice
Faith Gonzales worked at a Bill Miller barbecue restaurant. As any San Antonian would know, Bill Miller’s is a fast-food version of barbecue and is a local institution. She complained about discriminatory conduct and was fired in 2008. She filed her charge with the EEOC. The matter did not go to trial until January, 2013.…
Jury Awards $240,000 Against Austin Police Department
By Thomas J. Crane on
Posted in Discrimination
A jury in state court awarded $240,000 to a detective with the Austin, Texas Police Department. Amy Lynch sued the department for discrimination. Ms. Lynch was a long-time law enforcement officer who was diagnosed with narcolepsy in 2009. Soon after, she was transferred from her high profile assignment in the Human Trafficking and Vice unit…
Fifth Circuit Took Away Verdict for Plaintiff
By Thomas J. Crane on
Posted in Litigation and trial practice
The Fifth Circuit is a risky place to do business. Sometimes, it just reaches some strange conclusions. The case of Allen v. Radio One of Texas II, LLC, No. 11-20781, 2013 WL 703832 (5th Cir. 2/26/2013) illustrates the lack of predictability at the Fifth Circuit. In that case, Corina Allen worked at a radio…
Western District Jury Finds for Plaintiff
By Thomas J. Crane on
Posted in Discrimination, Litigation and trial practice
Monica Hague filed suit against the University of Texas Health Science Center at San Antonio in 2011. Judge Garcia of the Western District granted summary judgment against her in 2013. The Plaintiff appealed to the Fifth Circuit. The higher court reversed summary judgment regarding Ms. Hague’s retaliation claim and affirmed summary judgment regarding her sexual…
Charges Dropped Against Former Windcrest City Manager
By Thomas J. Crane on
Posted in Litigation and trial practice
Well, the saga of the Cain brothers is over. I previously wrote about Ronnie Cain’s efforts to obtain severance pay after being terminated from his position as City Manager for Windcrest. See my prior posts here and here. Gary Cain and Ronnie Cain were accused of embezzling $2.8 million. I thought Ron Cain’s demand…
Fifth Circuit Supports Jury Verdict
By Thomas J. Crane on
Posted in Litigation and trial practice
Hilda Gonzalez Garza, an Assistant District Attorney in Starr County told her boss she intended to run for the local elected school board. Her boss, D.A. Victor Canales apparently opposed her candidacy. The D.A. fired the assistant with no warning a couple of days later. Ms. Garza later filed suit under Sec. 1983 alleging infringement…
TV Juries Are So Much Better Than Real Life Juries
By Thomas J. Crane on
Posted in Litigation and trial practice
A couple of years ago, a client told me she was happy with how discovery was going in her case. We had, she assured me, “extremely strong evidence.” My initial reaction was what, what are you drinking?? It seems many folks new to the legal system expect much more. They expect a jury that listens…
Plaintiff Wins Summary Judgment But Loses Trial
By Thomas J. Crane on
Posted in Discrimination
Work place harassment is still with us. And, courts still struggle with the term “severe or pervasive.” To rise to the level of work place harassment, conduct must be “severe or pervasive.” In Sanders v. Christus Santa Rosa PASC, 995 F.Supp. 2d 626 (W.D. Tex. 2014), the court looked at the totality of the…
Jury in Western District Finds Against Plaintiff
By Thomas J. Crane on
Posted in Discrimination
In one recent case, the employer did not move for summary judgment or otherwise seek to dismiss. The case was filed by Jamel Blanton, Arica-American, and alleged racial and sexual discrimination. The female restaurant manager was accused of saying such things as: “do all black guys have big penises?” “What I would do for you…