How to tell when the judge is annoyed
July 30, 2008
In my story yesterday about a legal battle between a defense contracting firm and its former employee, I mentioned that the judge “appeared annoyed” by the sparring in the second day of cross-motions for preliminary injunctions.
That wasn’t very specific, and there are those who’ve moved for a more definite statement (or, since this is federal court, should I say a bill of particulars?). Anyway, here were some of the clues:
Shortly into plaintiff Dennis Glynn’s testimony, opposing counsel began objecting to the questions Glynn’s own lawyer was asking him. The questions improperly called for the witness to speculate or to draw legal conclusions, according to the Winston & Strawn lawyers representing Impact Science & Technology.
U.S. District Judge J. Frederick Motz overruled the first couple objections without incident but eventually could not contain his disapproval, calling the tactics of the W&S attorneys “absolutely outrageous.”
Motz said the frequency of objections during an earlier deposition was an “absolute disgrace” that reflected badly on the international firm — and set a bad example for the firm’s younger lawyers.
Later, in response to a further objection about hearsay, Motz included Glynn’s attorneys from The Employment Law Group in D.C. in his criticism.
Between the first day of the preliminary injunction hearing two weeks ago and Monday, Motz said, he had dealt with other pairs of opposing legal teams — and the difference between them and the lawyers in this case was like “night and day.”
“Unfortunately, I’m in the dead of night,” Motz said.
BRENDAN KEARNEY, Legal Affairs Writer
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