Litigation and trial practice

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According to a recent survey of parties to employment lawsuits, neither side believes employment discrimination cases are fair.  But, plaintiffs are more likely to feel dissatisfied with their lawyers.  The American Bar Foundation, part of the American Bar Association conducted a survey of parties to employment lawsuits.  See ABA report.  The study is based…

Depositions of the employee victim in a discrimination case is a key event.  The employee must demonstrate that s/he can tell a coherent story and maintain some composure about one of the most difficult events in his/her life.  Deposition strategy for the employer’s lawyer essentially is to obtain information from the employee.  Often, the defense…

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).

Dan Schwartz pens an interesitng post at Connecticut Employment Law Blog.  He notes that an employer controls the discipline process.  The employer decides when or whether to terminate an employee.  But, the employer has no control over what lawyer the employee hires.  Dan suggests good questions regarding the employee’s lawyer: does the lawyer typically accept…

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…

I keep reading reports that the so-called tort reform movement is much exaggerated.  Many of these so-called "reforms" keep folks from getting to the courthouse and seeking true relief.  One more such report appears in the form of Blocking the Courthouse Door, by Stephanie Mencimer, reviewed by Washington Monthly.  The author recounts various examples…

District courts and appellate courts frequently parse evidence in discrimination cases.  There is ample precedent saying they should not.  But, they do.  Workplace Prof blog discusses a case in which the Eighth Circuit picked and chose which evidence it would consider and found for the employer.  See Workplace Prof blog post. Courts are supposed…