Ummmmm, no. Don Trump. Jr. has claimed attorney client privilege in refusing to answer questions about a conversation he had with then Candidate Trump in 2016. There was a meeting at Trump Tower in June 2016 between Donald Trump, Sr., Donald, Jr., and a lawyer. Early on, Donald, Jr. said it was a brief meeting
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Coach Kearney Starts Discovery Phase
Coach Bev Kearney’s lawsuit has returned back to the trial court. She will soon start deposing various officials, including former Coach Mack Brown. She also plans to depose former school president, Bill Powers and former Athletic Director, DeLoss Dodds.
I previously wrote about her lawsuit here. Coach Kearney alleges she received harsher discipline in 2013…
Asking for a Lawyer Dog (Dawg) is Ambiguous
In criminal law, a suspect has the right to request a lawyer. Everyone who watches any of the CSI shows would know that. But, what happens when the request for lawyer is not clear? In Demesme v. State of Louisiana, the suspect was being interrogated. At some point, he said, “. . . so…
Bergdahl Sentencing Postponed
Bowe Bergdahl was supposed to be sentenced on Oct. 23. But, instead, his lawyer renewed a motion he had filed before. Eugene Fidell re-argued a motion alleging there has been unlawful command influence (UCI). Pres. Trump talked about SGT Bergdahl last week, saying he cannot say anything, but he said things earlier. The President, in…
Employees Cannot Sue Laboratory for Drug Test Error
Many employers require drug tests for their employees. What happens when the drug testing laboratory commits an error regarding the test? Failing a drug test can result in termination. That is what happened in Exxon Mobil Corp. v. Rincones, 520 S.W.3d 572 (Tex. 2017). The employer had a random drug testing program. Exxon Mobil…
Travis Park Monument Commemorates “Joe Snuffy”
We all suffer from some biases. That is part of human nature. There is, these days much discussion about the Confederate statues and what they represent. Here in San Antonio, we have one Confederate monument in Travis Park. County Commissioner Tommy Calvert, a fine person, insisted last week that that statue represents racism. He stressed…
Eastland Court of Appeals Sustains Whistleblower Suit
Under the Texas Whistleblower Act, a person who works for a governmental entity and who reports violations of law is protected. Chad Carter worked for the City of Abilene as an engineer. He complained to his superiors that the city had hired contractors who were using unlicensed engineers. Using unlicensed engineers violates the Texas Engineering…
UIW is a Governmental Unit, says Texas Supreme Court
Well, I described the argument as a silly one, but it was not too silly for the Texas Supreme Court. In the case of Redus v. UIW, the Supreme Court ruled that the law enforcement department of a private university is a governmental body for purposes of qualified immunity. With qualified immunity, the law…
No Unemployment Benefits During FMLA Leave
Not many people realize that to receive unemployment benefits, an applicant must be willing and able to work. That is why a person receiving unemployment must certify each week that s/he is looking for work. And, what if a worker is off on FMLA leave? Could that person receive unemployment benefits? The court in Texas…
Sex Harassment is Too Common
Sexual harassment was so common at Fox News that it often went unreported. See Alisyn Camerota’s account. She worked for Fox News for years and now works for CNN. So, she has a platform to speak freely. When she was still new at Fox News, Roger Ailes offered to help her move up in the…