I first wrote about threats against judges here. Since then, one Donald Trump appeared. He has threatened and publicly attacked judges almost daily. Judge J. Michael Luttig has expressed concern about how Mr. Trump has almost normalized threats against judges. As the very conservative Judge has pointed out: “We all have to understand that from the first time the former president began his attacks, vicious attacks on the federal courts and the state courts and their individual judges, his objective was to delegitimize those courts,” Judge Luttig explains that Mr. Trump does this, so that when ..read more

Some of us trial lawyers enjoy watching the various Trump trials. Partly because we always enjoy watching someone else’s trial. And too,Trump’s legal machinations never cease to amuse and amaze. He disrespects judges hearing his case every day. He even attacks the Judge’s law clerk. In the litigation world, court staff are generally hands off. We all know not to fuss at them without a very, very good reason. The staff cannot push back. They can only utter a meek sorry if they commit an error. Donald Trump went way beyond litigation norms in attacking Judge Engoron’s law clerk during the trial ..read more

As busy lawyers, we deal daily with the dreaded statute of limitations. State of limitations is the legal term referring to the deadline by which a lawsuit must be filed. Perhaps no area of law deals with the SOL more than Personal Injury lawyers. So, there is always some temptation to “fudge” the record if we outright miss an SOL. One Georgia lawyer, Jo Anne David-Vega gave in to temptation. Ms. David-Vega had a large caseload which she accrued quickly in 2016. By 2019, she missed the SOL for an automobile collision. Her client called some 65 times asking for a status of his case. The client ..read more

As litigators, we are often called on to summarize facts in one way or another. On appeal, we must summarize the facts of a trial below. What happens when we slant those facts? Good advocacy requires that we slant facts to some degree. But, if we go too far, then we have committed a deception on the court. That is what happened to a lawyer with Gibson, Dunn & Crutcher, a national, silk-stocking law firm. Gibson Dunn submitted an appeals brief after losing trial in a California district court. The lawsuit concerned allegations that Gibson Dunn’s client, Zovio, Inc. and Ashford University, e ..read more

Donald Trump has sued or been sued some 4,000 times. He ought to know more than many lawyers how to win a lawsuit. Yet, he and his lawyers consistently violate every guideline regarding successful lawsuits. There are only guidelines, because a litigant can do everything right and still lose. Just like a litigant can do everything wrong and still win. But, the guidelines help. $355 Million Mistake Donald Trump was assessed a civil penalty of $355 million for civil fraud. With pre-judgment interest, that amount will exceed $400 million. That is a huge loss. And, he and his family committed huge ..read more

Many discrimination cases lose on motions for summary judgment. In Gutierrez v. City of Converse, No. 17-CV-01233-JKP (W.D. Tex. Jan. 10, 2020), the Western District denied in part and granted in part the City of Converse’s Motion for Summary Judgment. Ms. Gutierrez worked for the Converse Fire Department for eight years when she was fired in 2017. Plaintiff Gutierrez was an EMT paramedic. She was accused of leaving the scene of a critically ill patient without leave to do so.The Acadian Ambulance crew was first to arrive and was the crew in charge. Scene of Critically Ill patient Ms. Gutierre ..read more

There are few more sensitive issues in litigation than asking a Judge to recuse him/herself. No Judge believes he bears any bias that would affect his rulings. But, in very rare situations, litigants will have to file the appropriate motion. Do not do it the way Alina Habba did it. Ms. Habba responded to one article in the New York Post that claimed at a mega-law firm, Roberta Kaplan was mentored by Lewis Kaplan. As in Judge Lewis Kaplan. Judge Kaplan was the judge in the defamation lawsuit filed by E. Jean Carroll. And Roberta was Ms. Carroll’s lawyer. If a litigant believes the Judge has som ..read more

Under the Fair Labor Standards Act, all employees are entitled to overtime. But, what if there is a dispute about the overtime? What happens when the employee claims a large amount of overtime, but the employer says there was no overtime? Supreme Court precedent holds that if an employer maintains time records, then the employer is entitled to a presumption that no overtime is owed. But, if the employer does not maintain those time records, then if the employee presents credible evidence that he worked overtime hours for which he was not paid, then the court may infer that the employee’s recor ..read more

In another crazy twist to the Ken Paxton lawsuit, the AG has filed an Answer that essentially admits liability. AG Paxton issued a press release with the Answer that again defames the plaintiffs. Paxton’s Amended Answer comes soon after the presiding judge ordered AG Paxton to appear for his deposition. And, even before that order was the Texas Supreme Court’s order on Jan. 12, 2024 that AG Paxton must sit for a deposition. This chain of events suggests Mr. Paxton wants to avoid being deposed. Mr. Paxton’s Amended Answer admits to liability. That is, AG Paxton admits he violated the Whistleblo ..read more

A hospital nurse reported possible child abuse. She was fired soon after. Was that report to Child Protective Services protected activity? That is, was her report covered by the Texas statute that prohibits reprisal for reporting possible abuse? The Texas Supreme Court says no. In looking at Texas Family Code Sec. 261.110, the higher court noted that if Nurse Thompson was fired within 60 days of her report, then the court will presume that report to CPS lead to her termination. Yet, the court never mentions in its opinion whether she was fired before or after the 60 day period had run. The Tex ..read more