In your average lawsuit, this is not supposed to happen. Key witnesses are not supposed to suddenly recall something they have previously denied. Yet, that is what happened in the 2020 Census lawsuit. Wilbur Ross, the head of the Commerce department, now suddenly does recall conversations with then advisor Steve Bannon and Attorney General Jeff

In an employment lawsuit, can a lawyer representing an employee contact employees who no longer work for the employer? What if the former employees are former managers? This is important since in most employment cases, the only witnesses are current or former employees.

The answer is yes. The Northern District of Texas so decided in

In every court room, there is just a thin veneer of civility. That is why all the court personnel are so polite. They know one angry word, one snarky comment will provoke a reaction. In the case against Bill Cosby, there are plenty of legal issues to try the nerves of both parties. In one

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

It is never good to annoy a judge during a trial. Yet, that is what John V. Garza, former Republican state representative from San Antonio, did in federal court earlier this week. In the lawsuit concerning alleged racial gerrymandering by the Republican party, Mr. Garza testified about a conversation with other state representatives in 2011.

 It is pretty well accepted among most lawyers that eye witness testimony is often inaccurate.  The story I heard in law school was that a professor staged a fake attack during class.  He had someone walk into his room and pretend to shoot him.  The shooter ran away and the professor jumped up to show