It is never good to annoy a judge during a trial. Yet, that is what John V. Garza, former Republican state representative from San Antonio, did in federal court earlier this week. In the lawsuit concerning alleged racial gerrymandering by the Republican party, Mr. Garza testified about a conversation with other state representatives in 2011.
Fifth Circuit Overrules Summary Judgment, Again
The Fifth Circuit previously overturned summary judgment in Johnson v. Maestri-Murrell Property Management, LLC, (5th Cir. 2012). I wrote about that decision here. The remarkable thing about that summary judgment was the lower court ignored direct evidence of discrimination. The district court’s decision seemed to be result-oriented. See the Fifth
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
Lawyer Sued for Violating Professional Rules
Every lawyer has a fiduciary duty to maintain a client’s property safely and appropriately. A fiduciary duty is the highest duty imposed by our legal system. A fiduciary must exercise a high degree of good faith in protecting a client’s property. So, when the "DWI Dude" is charged with not returning $50,000 he maintained on
Weather Channel Anchor Waiting for Her Arbitration Hearing
The fundamental principle of USERRA (Uniformed Services Employment and Reemployment Act) is that a person should not suffer because s/he participates in the National Guard or Reserve duty. I wrote previously about one Reservist, Cpt. Nicole Mitchell, who very likely lost her job as anchor for the Weather Channel due to her Reserve duty. See
UT Must Produce Records of Other Coaches and Employees
Many, if not all discrimination cases, require that the employee compare him/herself to other employees. It is simply the nature of employment lawsuits that a victim alleges s/he was treated differently than others. To make that allegation, the employee must seek documents and records concerning his/her fellow employees. So, it is no surprise that Coach
Lawyers Set Up Opposing Counsel for Arrest
We lawyers do some crazy things. But, when i see escapades like the one in Tampa Bay in movies or on TV, my first reaction is "no way." Well, yes, way. Three lawyers in Tampa Bay are facing ethics charges by the Florida Bar Association because they colluded to get an opposing counsel arrested for
SCOTUS Says Summary Judgment Does not Obtain When Key Facts are in Dispute
Summary judgment (i.e., "quick" judgment) has become the bugaboo for employment lawsuits over the past 20 years. I have discussed how the over-use of summary judgment has been particularly difficult for employment cases. Well, that same analysis applies to all civil rights cases. In Tolan v. Jeffrey Wayne Cotton, No. 13-551 (2014), the U.S.
NBA Has Various Legal Options
So, now the NBA Commissioner, Adam Silver, has announced that Don Sterling will be forced to sell his team, the San Diego Clippers. The NBA relies on entertainment dollars. It cannot afford a team with such a despised owner. But, can the NBA force him to sell his team? What happened to free enterprise?
The
City of San Antonio Loses Again Regarding Terminated SAPD Officer
I talked previously about the City of San Antonio filing an appeal regarding Lt. Salvaggio. See my prior post here. The City lost before an arbitrator, in front of district court and in front of the court of appeals. Yet, they appealed again to the Texas Supreme Court. And, now they have lost, again.