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
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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…
Stating the Facts Honestly
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…
How to Lose a Lawsuit in One Easy Lesson
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…
Western District Denies Summary Judgment on Equal Pay Act Claim
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.…
Judge Recusal is Last Option
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.…
Workers Can Estimate Overtime Hours
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…
Paxton Admits Liability
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…
Reporting Child Abuse Can Lead to Termination
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…
Christmas in a War Zone
I first wrote this a few Christmases ago. It still seems to resonate. Every Christmas, I look back to my Christmas in Iraq, some years ago. I served as a Civil Affairs officer supervising a staff of 3. In the…