Oral arguments in the case of Nicholas v. SAWS were heard recently. The Defendant appealed the matter to the Texas Supreme Court after losing before the Fourth Court of Appeals. See my prior post about that appeal here and here. In the oral arguments, the defense attorney, Rachel Ekery, said the harassment by the
Plaintiffs Settle Despite Hung Jury
Discrimination cases are difficult. They are more difficult than many other types of cases, because there is an intrinsic bias against discrimination claimants. As Judge Kopf (of Hercules and the Umpire blog) said, many judges are simply skeptical about discrimination claims. We see some of the challenges in this article about successful discrimination and retaliation
Court Finds Factual Issues Regarding Accommodations
The ADA Amendments Act was passed in 2009. Since then, courts have addressed more fundamental questions about disability claims, such as what are the essential functions of a job and how can they be accommodated? On one such case, Perez v. Sprint/United Management Co., 2013 WL 6970898, No. 12-CV-3161 (N.D. Ga 12/19/2013), the court
Travis County Prosecutor Fired Over Racial Remarks
photo courtesy of creationc
The "Batson challenge" allows a lawyer to challenge the strike of a potential jury member. The challenge is based on the decision in Batson v. Kentucky, 476 U.S. 70 (1986), which found it unconstitutional to strike a potential jury member on the basis of race. The Batson
Summary Judgment Has Become So Common And Jury Trials So Rare
I have written about this before, but it happens so often that it requires emphasis. As lawyers and a judicial system, some of us just do not "get" summary judgment. Summary judgment is not about who wins or loses, or rather, it should not be about who wins or loses the lawsuit. After all, if
Chances of Success at Trial and Appeal
Usually at settlement times, clients ask me about our chances for success at trial. What might happen at trial drives everything in a lawsuit, especially settlement. But, predicting 6 to 12 of our fellow citizens is more art than science. Jury dynamics are often mysterious. There are so many variables in jury deliberations that that
Bexar County Jury Awards $1.28 Million
A Bexar County jury has awarded a former police officer $1.28 million. Tomas Padilla was a police officer for the University Health System. He was terminated in 2009 shortly after complaining that the officer he had replaced was trying to recruit patients and visitors to the hospital to make false claims about Officer Padilla. Officer
Hard to Explain Jury Verdicts
Juries do the craziest things, sometimes. In a trial a few years ago in the Rio Grande Valley, a jury returned a verdict following several days of testimony. The verdict said yes, the employer violated anti-discrimination laws. But, the jury said no, the employee did not suffer any lost pay or compensatory damages (emotional suffering).
Settlement Should Reflect Jury Reality
Many of my discrimination clients go into settlement talks with the expectation they will receive enough in settlement to retire. No, not hardly. Most cases settle for less than $30,000. Settlement discussions are supposed to reflect the reality of jury verdicts. And, the reality of jury verdicts is that even when the plaintiff employee wins
Texas Employers Can Force Employees to Surrender the Right to Jury Trials
In a decision that makes little sense, the Texas Supreme Court has found that an employee can be forced to surrender his/her right to a jury trial. The employee, Steven Valdez, was told he had to sign the jury waiver provision. He was told that he would be fired if he did not sign it.