The prior standing order establishing various precautions, including requiring masks, in the Sherman Division courthouses has been vacated. Masking is now optional. (You should still bring your O’Connor’s, though).
I just spent the last two days in depositions that were a model of decorum and professionalism by all involved, which reminded of one that wasn’t.
Once upon a time an EDTX judge was presented with a situation involving the use of coarse and profane language by a lawyer in a deposition. (No, it didn’t involve Joe Jamail).
After considering all facts surrounding the deposition, arguments of counsel, and the attorney’s statement at the show cause hearing, the judge imposed a fine for the abusive behavior at his deposition. But it’s how the fine was calculated that is of interest …
This is a opinion from Judge Richard Schell resolving six motions in a case involving a defendant’s liability for cargo damage, including most notably, cross motions for summary judgment as to whether Defendant BNSF was liable for cargo damage following a derailment.