Yes, in federal court, either party can be sanctioned for its conduct during a lawsuit. Sanctionable conduct must be pretty egregious. National law firm, Littler Mendelson requested sanctions against a plaintiff who lost a summary judgment motion. Elaine Barley had sued Fox Chase Cancer Center in Philadelphia. Ms. Barley alleged that Fox did not accommodate
I wrote before about Judge Edith Jones, who has been accused of making racist comments at a Federalist Society meeting. See my prior post here. She allegedly stated that certain racial groups, such as African-Americans and Hispanics, are "predisposed" toward crime. Most judges might get away with making those sorts of statements, if they
Jerry Jones, owner of the Cowboys, does stay busy. He was accused just a couple of weeks ago of assaulting an exotic dancer, Jana Weckerly. The lawyer for Jerry Jones said she missed the statute of limitations – the deadline by which all suits must be filed. She alleged that the Cowboys owner assaulted her
Courtesy of creationc
Employment cases are exceedingly difficult, with numerous deadlines and traps for the unwary. We see some of these traps in the case of Prewitt v. Continental Automotive, No. 12-CV-582 (W.D. Tex. 8/28/2014). In this case, Larry Prewitt alleged that he had been terminated due to several reasons: race discrimination
I try to warn clients all the time that juries are fickle. A party can have the best evidence and still lose. One recent case illustrates that reality. In Alexander v. Servisair, LLC, No. H-12-817 (S.D. Tex. 2013), the plaintiff alleged that she had been terminated for pursuing her rights to sick leave under
Every lawyer is like a small business. We can decide when and what to say to judges, clients and opposing lawyers . . . until someone reports our conduct. A New Jersey lawyer learned that lesson the hard way recently. Jared Stolz was disciplined by the New Jersey Supreme Court after he sent emails to
Federal employees enjoy substantial protections other employees do not. One such protection is the whislteblower statute, also known as reporting fraud, waste or abuse. See Workplace Fairness summary. This statute protects a federal employee who reports fraud, waste or abuse or a simple violation of a statute or regulation. There are a number of
The EEOC received some 93,727 charges of discrimination last year. Locally, each EEOC investigator carries a case load of 75-95 cases per year. Those numbers indicate very little time is devoted to actual investigation. The open secret is that the EEOC conducts very few true investigations. Yet, many folks still think that when the EEOC
In 2012, the EEOC issued guidance to employers regarding criminal background checks. Criminal background checks can have a disproportionate impact on minorities. The EEOC’s goal was to help employers avoid a blanket rule prohibiting hiring folks with criminal records. In 2013, the state of Texas, filed suit against the EEOC to enjoin the implementation of
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