Litigation and trial practice

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Sometimes, its the little things that lead to employment lawsuits.  At one Wisconsin law firm, the receptionist, Sandy Weidner, was expected to make the coffee in the morning.  One morning, someone failed to make the coffee.   Annoyed, management looked at Ms. Weidner’s time card and noted several alleged instances when Ms. Weidner failed to…

As lawyers, our time is often not our own.  We have to adjust our priorities for our clients, opposing parties and the Court in general.  One Minnesota lawyer has learned that the hard way.  Tayari Garrett had a trial scheduled at the same time her brother was getting married in France.  She filed a motion…

Clients always ask me about settlement and trials.  If we do not accept $XX, what will happen at trial, they essentially ask.  There is little or no empirical data for that process and how it plays out.  Every client must often rely on the judgment of his/her lawyer. 

A good rule of thumb is that …

Judge Sam Sparks, known for straight talk, has dismissed Lance Armstrong’s lawsuit against the US Anti-Doping Agency.  Mr. Armstrong filed an 80 page Complaint – versus a typical five page Complaint for a complicated lawsuit.  The judge compared the Complaint to a blog post or a press release.  Judge Sparks wrote that the court was…

Jurors in San Antonio federal court rejected an African-American’s claim that she was subjected to discrimination.  The EEOC represented Mary Johnson in her suit against A.A. Foundries, makers of components for water wells.  The employee had a picture of a noose she was exposed to, but that was not enough for the jury.  The plaintiff…

The New York City Bar Associaition has isssued an ethics opinion finding that lawyers may research potential jurors’ backgrounds on social media sites.  But, the lawyer or his staff may not contact the juror and must avoid actions that might allow the juror to know the research is being conducted.  For example, a law office…

There is a reason why we lawyers prefer judges who can keep their cool.  We call it "judicial temperament."   It describes the ability to keep one’s cool even when very irritated by the inevitable human foibles in court.   The judge in this Youtube video lacks judicial temperament.  The judge "goes off" on a…

It was a landmark ruling  a year ago when the US Supreme Court reversed class certification in Wal–Mart v. Dukes.  See Workplace Prof.  If allowed to stand, that class action would have been the largest ever.  But, the US Supreme Court reversed.  Now, Wal-Mart got what it wanted, perhaps.  Some 2,000…