Jairo Castellanos
Austin Employment Lawyer Jairo Castellanos

Summary: Despite the fact that we have all grown up with the ideal that everyone should get their day in court, the sad reality is that fewer and fewer cases are going to trial. In large part this is because the rise of motions for summary judgment and other dispositive motions. 

There are few ideas that are as cornerstone to our legal system than one’s ability to get their day in court. Despite this notion, the ability of a plaintiff to get their day in court is becoming rarer and rarer each year. By way of example, according to an American Bar Association study only about 0.8 percent of cases were decided by a jury trial in 2013. By now that number may very well by lower. 

 While the study outlined various theories of why this may be the case, one of the biggest obstacles outlined in the study was the tendency of cases to be disposed by a dispositive motion. In fact, the study stated that motions for summary judgment alone, one of the various types of dispositive motions, are the procedural vehicle that dispose of about 20 percent of cases filed in federal court. That is why I would like to focus on motions of summary judgment for the purposes of this blog.

Broadly speaking, a motion for summary judgment is a party asking a judge to get rid of a case because no reasonable jury could find in the favor of the other party. At this phase of the inquiry, the judge is not allowed to weigh the evidence. In fact, in reviewing entry of summary judgment, the judge considers the evidence presented in the motion and response in the light most favorable to the party resisting the motion. Moreover, the judge must credit evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. In short, the judge must take as true all evidence favorable to the party resisting the motion for summary judgment.

While someone reading the above cited standard would think that these types of motions are rarely granted, the numbers do not lie. The fact of the matter is that these motions are growing in popularity and are being filed more and more by defendants in employment cases. As such, they are an incredible danger to getting your day in court.

In order to best protect your case from these types of motions there are steps you can take. The first is simple. Act fast. Many of the deadlines that are the subject of motions for summary judgment such as statutes of limitations are rather short. That is why if you believe you have a case, you should contact an attorney as soon as you can. Second, gather all the documents that you believe may be helpful for your case so that you are able to help your attorney put their best foot forward. Third, it is imperative to seek out an attorney that specializes in labor and employment law. This is because each type of law has its own type of quirks that can change what is the best way to approach matters. Probably, the best way one can see how important this small step is, is by taking note who employers are retaining to represent them in employment disputes. In large part, employers are retaining attorneys that specialize in labor and employment law. 

 Here, at Wiley Walsh, P.C. we specialize in labor and employment law. More importantly, we only represent workers. We are the type of law firm with the knowledge and skills to be a zealous advocate so that you won’t become part of a statistic. At Wiley Walsh, P.C., we can fight on your behalf with the legal expertise that this type of cases demand. Feel free to contact us for a consultation. 

 

 

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Jairo N. Castellanos Jairo N. Castellanos

We asked Jairo N. Castellanos, an experienced Trial Attorney in the Austin office of Wiley Walsh, P.C., to impart his candid answers to a range of questions. After reading, you will be more more informed on the well-respected reputation that Mr. Castellanos

We asked Jairo N. Castellanos, an experienced Trial Attorney in the Austin office of Wiley Walsh, P.C., to impart his candid answers to a range of questions. After reading, you will be more more informed on the well-respected reputation that Mr. Castellanos carries.

1. Why did you start practicing labor and employment law?

I think labor and employment law is a fascinating part of the law that impacts everyone. Most people spend nearly as much time at work as they do with their family.

2. Who is your favorite Supreme Court Justice?

My favorite sitting justice is Justice Sonia Sotomayor.

3. What skills do you value as an employment attorney?

I think an important skill to have as an employment attorney is the ability to tell people’s stories. It is important to be able to effectively convey entirety of the case beyond the legal aspects of it.

4. What do you do when you’re not practicing law?

I like to read fiction and spend time with my daughter.

5. What’s your favorite legal movie

That is a toss-up between A Civil Action and My Cousin Vinny.

6. What’s your favorite legal TV show

Always Sunny in Philadelphia when they are discussing bird law.

7. Have you ever learned something from one of your clients?

I’ve learned that there is no one size fits all solution to dealing with issues. Much like there is no one size fits all way of approaching a problem.

8. If you could argue any case in history, what would it be?

Brown v. Board of Education of Topeka.

9. What do you most want your clients to know about you?

That in me they can find someone that will fight his hardest for them regardless of the outcome.

10. Who’s your favorite judge?

Former Chief Justice John Marshall

Jairo N. Castellanos is a Trial Attorney in the Austin office of Wiley Walsh, P.C.  He graduated from The University of Nevada in Las Vegas with a bachelor’s degree in 2009.  Mr. Castellanos then graduated from The University of Texas School of Law in 2015. Mr. Castellanos is fluent in English and Spanish.