One less thing for the trial bag …
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).
Judge Richard Schell
Four GD’s, two SOBs and one f-bomb comes to …
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 …
Summary judgment granted in cargo damage case
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.