Most, perhaps all, new clients hold an unrealistic view of juries. The movies and television generally depict jurors as somber, thoughtful persons listening intently. The media never depicts what occurs inside the jury room, but we all assume they remain thoughtful, deliberative inside the jury room.

No, they do not. . . . Well, sure,

A woman who sued Southwest Research Institute was awarded $410,000 by a federal court jury here in San Antonio. The jury found in her favor. I previously wrote about her case here. It was a remarkable case. She was fired within just a few days after she filed a complaint of discrimination with the

Many federal judges avoid employment cases partly because they involve so much detail. But, it is in those details that a circumstantial case is won or lost. And, most employment cases depend on circumstantial evidence. in Robinson v. Jackson State, No. 16-60760 (5th Cir. 12/4/2017) (unpublished), the Fifth Circuit dived into those details and

The trial date for SGT Bowe Bergdahl has been set for October 23, 2017. The trial will be held at Ft. Bragg. His attorneys had tried to dismiss the case due to Pres. Trump’s prejudicial statements during the campaign. The judge denied the motion. But, the attorneys have appealed the decision. See Task +

It is an ancient principle of trials that jurors can only consider what evidence they hear or see in court. That is why every trial these days includes a warning against looking things up on the internet. And, that is why most judges and lawyers know they cannot comment on actual cases prior to the

The right to confront one’s accusers in trial is a fundamental principle of our judicial system. Or, is it? One lawyer learned that confronting one’s accusers is not so fundamental, after all.

Ernesto Martinez, Jr. was accused of double billing. That is, he was accused of billing two different sets of clients for the same

The McDonald’s coffee cup case from New Mexico some 20 years ago is often cited by folks alleging lawsuit abuse. What those folks do not know is the coffee was kept at a very high temperature (above 160 degrees) despite many complaints, the lady suffered third degree burns on her inner thigh and the McDonald’s

People lie in civil cases. They really do. Unlike what you see on TV, witnesses can usually lie in non-criminal cases and get away with it. Prosecutors just are not interested in going after folks who lie in a civil case. They have too many more serious cases to deal with. But, one woman in

Discrimination cases are difficult. They are more difficult than many other types of cases, because there is an intrinsic bias against discrimination claimants. As Judge Kopf (of Hercules and the Umpire blog) said, many judges are simply skeptical about discrimination claims. We see some of the challenges in this article about successful discrimination and retaliation

The ADA Amendments Act was passed in 2009. Since then, courts have addressed more fundamental questions about disability claims, such as what are the essential functions of a job and how can they be accommodated? On one such case, Perez v. Sprint/United Management Co., 2013 WL 6970898, No. 12-CV-3161 (N.D. Ga 12/19/2013), the court