Litigation and trial practice

Subscribe to Litigation and trial practice via RSS

So, just a few days after their first warning to an employer, the Ninth Circuit issues another "show cause order"  to a second employer about filing a frivolous petition for writ of mandamus.  The court again states it will impose monetary sanctions unless the employer can show good cause for its appeal.  In In Re…

There has been much talk in law review articles and some seminars about the disappearing jury trial in federal courts.  The courts are granting dismissals and summary judgments more and more.  So, these days, the true battle is often over the employer’s motion for summary judgment.  Mike Maslanka recognizes that new dymanic when he pens…

The trial regarding George Zimmerman has been going on until 10 p.m.  That is a very long day, when you consider that both sets of lawyers will need to complete several tasks every night after a trial.  During a trial, both sets of lawyers will spend anywhere from 2 – 4 hours, or more preparing…

When I was a young law student, the professors loved to talk about the erudite opinions of Judge so-and-so.  Judge Learned Hand of the Second Circuit was one such judge.  Justice Brandeis was another.  I suppose if any such judges are around today, Judge Posner of the Seventh Circuit would qualify.  His opinions frequently distills…

In law school, we learn how to read legal terminology.  Learning to "read the law" may be the most important skill lawyers develop.  But, learning to read it does not mean we should actually use that mumbo-jumbo.  Personally, I diligently avoid words like "therein" and "herein," but am not offended if other lawyers prefer "legalese."…

Judge Edith Jones has been accused of making racist comments and discussing pending cases.  I previously wrote about that here.  Well, one of those pending cases came before the Fifth Circuit.  A man convicted of rape and murder and scheduled for execution has requested a stay of execution.  His lawyers asked that Judge Jones…

I have talked here about how a judge’s personal background will affect his/her judicial opinions.  Now, it seems one judge’s personal beliefs may reveal her own motivations.  Judge Edith Jones, once considered for appointment to the U.S. Supreme Court, has regularly affirmed dismissals and summary judgments in discrimination cases.  She has expressed some impatience with…

Usually at settlement times, clients ask me about our chances for success at trial.  What might happen at trial drives everything in a lawsuit, especially settlement.  But, predicting 6 to 12 of our fellow citizens is more art than science. Jury dynamics are often mysterious. There are so many variables in jury deliberations that that…