As often happens in trials, there is substantial dispute over what happened when lawyers for Michael Richard seeking more time. The call went to Ed Marty, general counsel for the CCA. He has given different statements about happened. In one account, he says he told the duty judge, Cheryl Johnson, that the lawyers called. In
Litigation and trial practice
Lawsuits are a Very Personal Business
I have talked about this before. Reasonable settlement offers lead to reasonable, or halfway reasonable responses. When you are in the midst of a lawsuit, both sides have their "dander up." It is hard to be reasonable. But, it is just when it is hardest that it is most critical to appear reasonable. Pursuing…
Think Twice Before Going into “Fight” Mode
Most employees who come see me have thought twice, three times, even 20 times before they decide to file a complaint, or worse, file suit against the employer. In his blog, Michael Maslanka cautions employers to think twice before going into "fight" mode when an employee files an EEOC charge or even a lawsuit.
Lawyer Gets Caught “Coaching” a Witness
When President Clinton was still President and he was getting into some trouble about having lied in a deposition regarding alleged sex harassment, a former client called me. He was upset. He said Pres. Clinton is getting into so much trouble for lying in his deposition, but so-and-so manager lied in his deposition and did…
Ricci Decision Re-Looks Basic Premises
Well, as often happens, the new decision is out but it will take months or longer to understand what it means. The US Supreme Court issued its decision in Ricci v. DeStefano, the New Haven, Connecticut firefighters case. Workplace profs have observed:
"To say that concern over the possibility of a discriminatory effect…
Finding a Plaintiff Employment Lawyer is Never Easy
Looking for a lawyer is never easy. In the employment law business, many clients call me or other plaintiff employment lawyers at the last minute or close to the last minute. Typically, potential plaintiffs do not start calling lawyers until they receive the "right-to-sue" letter from the Equal Employment Opportunity Commission (EEOC). Most charging parties…
Most Clients are Well Intentioned
I recently talked about clients who "forget" key evidence because they are nervous or simply frightened about their situation. On the other hand, there are, on very rare occasions, those folks at the opposite extreme. The potential clients who know or should know they do not have a strong case. They just want to manipulate…