Lawyering - Evidence

To maximize the chances of having a summary judgment victory affirmed on appeal, defense lawyers must make the correct evidentiary objections in the trial court. Two traps for the unwary lurk in the temptation to object that the plaintiff’s evidence is “self-serving” or “inadmissible.”

Littler Lounge: Data Doesn’t Lie – Following the Digital Footprints in Workplace Lawsuits Think your digital trail is just background noise? Think again. In this episode, discover how data – from social media to id badge swipes – can alter the trajectory of a workplace lawsuit. Hosts Claire Deason a

Employers often receive subpoenas demanding the records of a current or former employee, even if there is no pending litigation. The current or former employee may be involved in litigation, and one of the parties needs

By: Deleting Relevant Text Messages Can Cost You Earlier this week, the Ninth Circuit in Jones v. Riot Hospitality Group , 2024 WL 927669 (9th Cir. Mar. 5, 2024) affirmed the dismissal of an employee’s claims against her employer and found that terminating sanctions were appropriate where the employ

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens v. Circassia Pharmaceuticals, Inc. , the court affirmed summary judgment

In Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak , the U.S. District Court for the District of Maryland addressed whether an employee had offered any evidence of discrimination or retaliation beyond his own speculative beliefs and personal disagreement with his employer’s legitima

Courts regularly act as gatekeepers in determining what evidence juries are entitled to hear at trial. In Nuccio v. Shell Pipeline Co., LP, a federal district court barred an Equal Employment Opportunity Commission (EEOC) determination letter because its probative value was outweighed by its prejudi

Paul Weiner recommends collecting computers and encryption keys from departing employees. LegaltechNews View Article (Subscription required)

As the week begins with new lexicon coming out of our nation’s capital, a recent federal court of appeals ruling reminds us that, in most situations, it’s the employer’s assessment of the facts, not the employee’s “alternative facts,” that matter when deciding the appropriate punishment for employee

In the waning days of its current term, the U.S. Supreme Court ruled unanimously in California v. Riley that police officers generally violate the Fourth Amendment's prohibition against unreasonable searches by conducting a warrantless search of a smartphone seized incident to an arrest. The ruling