Litigation and trial practice

Subscribe to Litigation and trial practice via RSS

In Willis v. CLECO Corp., No. 13-30217, (5th Cir. 4/8/14), the Fifth Circuit panel reverses summary judgment regarding a disciplinary write-up, but affirms summary judgment regarding the termination of an African-American worker. Gregory Willis’ lawyer did not do him any favors in failing to point to specific pages from Mr. Willis’ deposition. Those pages…

In federal court, the parties are subject to sanctions for any number of offenses, ranging from discovery abuse to filing frivolous claims. Sanctions can include everything from money to a prohibition of certain evidence. Federal Rule of Civil Procedure Rule 54(d) allows the winner in a lawsuit to seek an award of attorney’s fees. The…

The employer who lost its discrimination trial in 2012 has dropped its appeal.  A jury in U.S. district court awarded three plaintiffs $200,000 in damages.  That amount was later reduced to $140,000 due to statutory caps on damages.  See San Antonio Express News report.  

The manager was accused of using the "n" word…

It is always hard for celebrities to accept the basic rules of litigation, such as the witness has limited control over a deposition. In a recent deposition, Justin Bieber violates almost every rule of how to successfully testify in a deposition. He objects on his own behalf to reasonable or halfway reasonable questions, he argues…

I discussed yesterday the case in which an employee’s daughter disclosed the settlement amount and caused a settlement agreement proceeds to be returned to the employer.  See my post here.  Now, I see the Florida court of appeals decision here.  From the decision, it appears that the case was indeed dismissed.  The plaintiff…

Even big name clients and well known lawyers have problems with their clients.  Sen. Rand Paul of Kentucky, filed suit against the National Security Agency regarding its spying on Americans’ phone records.  Buit, he may not have paid his lawyer.  According to an ABA Bar Journal report, Bruce Fein wrote the Complaint, the legal document…

The Americans with Disabilities Act applies to most employers and public buildings.  State agencies can claim sovereign immunity and avoid an ADA lawsuit entirely.  But, states waive that sovereign immunity if the agency accepts federal funding.  In the past ten years or so, there have been a surge of ADA lawsuits seeking access to public…

I wrote previously about Texas Attorney General Greg Abbott engaging in frivolous defenses and frivolous lawsuits.  See my posts here and here.  Well, now a Travis County Judge has found AG Abbott’s opinion about the VIA Transit center to also "border on the frivolous."  See San Antonio Express News report.  The issue concerns…