anatomy of an employment lawsuit - county · 2019. 4. 16. · joanna lippman salinas, fletcher,...
TRANSCRIPT
Anatomy of an Employment Lawsuit
From Conception to Natural Death
Mike Thompson, Texas Association of Counties, Associate General CounselJoanna Lippman Salinas, Fletcher, Farley, Shipman & Salinas, LLP
Background & Overview
• Prerequisites – before a lawsuit can be filed• Conception of a Suit • Discovery Phase • Trial • Final Judgment – death of a lawsuit
PREREQUISITES
EEOC – Charge of DiscriminationTWC – Charge of Discrimination
*Some claims are not subject to pre-suit charges
• Charge of Discrimination• Responding to pre-suit charge of
discrimination• Possible pre-suit mediation by TWC or
EEOC• Position Statement• Right to Sue letter from agency
PREREQUISITES
THE LITIGATION PROCESS
OPENINGS
OPENINGS IN A LAWSUITYOU
HAVE BEEN SUED
Must receive official notice of suit recognized by law. Service of Process starts the clock on when a written response must be filed by the Defendant.
Service of Process
THE PETITION
THE ANSWER
THE DISCOVERY PROCESS• What is the Purpose of Discovery?
• The purpose of discovery is to allow parties to obtain full knowledge of the issues and facts of the lawsuit before trail. West v. Solito, 563 S.W.2d 240,243 (Tex.1978)
• What Knowledge May We Discover?• In general, a party may obtain discovery regarding any matter that is not
privileged and is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party. Tex. Rule of Civil Procedure 192.3.
• What is Relevant?• Relevant evidence is defined as: “…having any tendency to make the
existence of any fact that is of consequence to the determination of the action more probably or less probable than it would be without the evidence. Tex. Rules of Evidence 401.
TYPES OF DISCOVERY
• Interrogatory• Request for Production• Request for Admission• Disclosures• Subpoenas• Depositions
DISCOVERY DISPUTES
Objections to Discovery: when a party to the suit objects to a question being asked, or does not wish to produce a document. If an agreement is not reached, the dispute may require a court hearing. A judge then decides if the discovery is objectionable. The judge can award sanctions if it is believed that there has been abuse of the discovery process.
ALTERNATIVE DISPUTE RESOLUTION
Before a lawsuit can be tried, most judges require the parties to engage in Alternative Dispute Resolution (ADR).
Types of ADR:• Mediation• Arbitration
Generally, cases involving counties will only involve mediation.
MEDIATIONParties agree to meet with a neutral individual (mediator), their attorneys and representatives from the Risk Pool to attempt to negotiate a settlement.
Mediator may make a proposal for a reasonable settlement. The parties do not have to accept the proposal.
Mediator can declare an impasse if they determine a settlement is not possible.
If mediation is unsuccessful, the mediator will usually give notice to the court.
DISPOSITIVE MOTIONSMotions seeking to have the suit dismissed may include:• Motion to Dismiss – directed at the judge and
claims that the plaintiff ’s pleadings fail to state a claim. General based upon a review of the complaint/petition.
• Motion for Summary Judgment – asks the court to dismiss the case. Generally includes evidence that has been developed by the parties during discovery as well as written affidavits.
TRIAL
PARTS OF A TRIAL
• Pretrial• Voir Dire• Opening Statement• Plaintiff ’s Case• Defendant’s Case• Jury Charge• Closing Statement• “Final” Judgment
JURY CHARGEQuestion 1 (Liability)
Do you find by a preponderance of the evidence that Jack Miller terminated Sally Whiff in retaliation for her decision to exercise her First Amendment Free-Speech to campaign for the opponent in the 2018 Election?
Answer “Yes” or “No”
JURY CHARGE
Question 2 (Damages)What sum of money, if any, paid now in
cash, would fairly and reasonably compensate Plaintiff for the damages, if any, you have found Defendant caused the Plaintiff. Answer:
JUDGMENTSALLY WHIFF § IN THE DISTRICT COURT
§v. § LONE STAR COUNTY, TEXAS
JACK MILLER & §LONE STAR COUNTY, TEXAS § 100TH JUDICIAL DISTRICT
FINAL JUDGMENT
On April 13, 2019, this case was tried to a jury who rendered a verdict. Based on that verdict, the Court HEREBY ORDERS that Plaintiff take nothing on his/her claims against the Defendant, which each party to bear its own costs.
SIGNED this day of April, 2019.
Presiding Judge
POST-TRIAL MATTERSThe losing party may request relief from the judge, to include:• Motion for New Trial – requesting the court to set aside
the jury verdict and order a new trial with a different jury.
• Motion for Judgment Notwithstanding the Verdict (JNOV) – requesting the court set aside the jury verdict and enter a judgment in favor of the other party.
• Motions to increase or reduce the amount of damages awarded.
APPEAL
• Appellant – party making the appeal• Appellee – party responding to the appeal• Both sides file briefs with three judge panel of Court
of Appeals• Panel of judges may have oral argument• Opinion of Court of Appeals
Affirm Reverse Other
APPEAL
ARE WE DONE YET?
Maybe not.
Party may seek review of the action by a Court of Appeal to the United States Supreme Court for federal cases, or the Texas Supreme Court for state cases.
The Supreme Court MAY take the case for review and could reverse the Court of Appeal and remand the case to that court for further consideration.
QUESTIONS?Mike Thompson, Jr.
Texas Association of [email protected]
512-478-87531-888-275-8224
Joanna Lippman SalinasFletcher, Farley, Shipman & Salinas, LLP