Every school boy and school girl knows the preamble to the U.S. Constotution: “We the People of the United States … and secure the Blessings of Liberty to Ourselves and our Posterity” On that phrase, Henning Jacobson largely based his challenge to the smallpox vaccination in 1904. The state of Massachussetts imposed a smallpox vaccine requirement on every resident. If the residents refused the vaccine, they would incur a $5 fine. Smallpox had been the…

Now that the FDA has given final approval to the Pfizer vaccine, many employers have started requiring employees to get the covid vaccine. Can employers require employees to get a coronavirus vaccine? It is very likely that they can. We start with the general OSHA requirement of all employers to maintain a safe workplace. Every employer must take steps to prevent known dangers in the workplace. Employers do need to make allowances for religious beliefs…

Back in the 90’s, I recall folks, pundits and the like, asking if the kids of the time would step up the way prior generations did in WW II and even in the Viet Nam War. Folks doubted the young people, spoiled as they seemed, would step up. I was in the Texas National Guard at the time and had no doubts they would step up. Heck, they already were participating and sacrificing for their…

Well, it is hardly surprising that Sidney Powell, Lin Wood and seven other lawyers have been sanctioned for their lawsuit alleging election fraud in Detroit. I previously wrote about the court hearing regarding the sanction motion here. In response to that motion for sanctions, Ms. Powell argued, apparently with a straight face, that “/s/Sidney Powell” was not a genuine signature. Making such an argument amounts to a virtual concession that she has no defense.…

In most employment lawsuits, the defense has all the pertinent records. So, as one might expect, some defendants resist producing those documents. In Hernandez v. Clearwater Transportation Ltd., No. 18-CV-00319, 2021 WL 148053 (W.D. Tex. 1/15/2021), the defendant objected to several requests seeking information about other employees who were pregnant. The plaintiff herself was fired soon after complications with her pregnancy. She was alleging pregnancy discrimination in her lawsuit. So, it ought to be obvious…

It could happen to anyone. But, when it happens to a lawyer, problems will follow. An email was sent to attorney Aaron Allison notifying him that a motion for summary judgment had been filed. Unknown to Allison, the email was caught in an obscure spam folder. Mr. Allison did not see the email. he did not now a motion for summary judgment had been filed. So, he did not know he needed to file a…

Election lawsuits proliferated like mushrooms back in November and December, 2020. One such lawsuit was even filed as a class action on behalf of “all U.S. registered voters” alleging a coordinated effort to change voting laws and use unreliable voting machines to interfere with the presidential election. The two lawyers, Gary Fielder and Ernest Walker, filed the lawsuit in Colorado federal court. It turns out the two lawyers conducted no actual investigation of their very broad allegations.…