October 24, 2017

The First Amendment & the NFL

The First Amendment is one of the cornerstones and keys of our democracy. I am rabid about it. Everyone in America has a First Amendment right to free speech, which includes, of course, the right to protest things we don’t like. Governmental actions that limit or abridge it are, at minimum, constitutionally suspect. That being […]

Vickery & Shepherd Partner Admitted to State Bar of Wyoming

HOUSTON, TX – Vickery & Shepherd is excited to announce that partner, Fred Shepherd, has been admitted to the State Bar of Wyoming. “I am honored and thrilled to be admitted to the Wyoming Bar,” said Fred Shepherd.  “Although I am a native Texan by birth, I have spent a substantial amount of personal and […]

The Champ and The Chump

Two avowedly devout Muslim men have died over the last two weeks. One was the Heavyweight Champion of the World.   Because of his faith, Muhammad Ali, nee “Cassius Clay”, risked his fame and his fortune, and, on April 28, 1967, claiming “conscientious objector” status, he refused induction into the Army and thereby relinquished his boxing […]

Captain’s Corner

Welcome to our Blog. Please read, enjoy, and leave us a comment or send a topic request through our contact form. I am Captain Andy Vickery, USA, date of rank 6/4/71. Here is a picture of me a month after I pinned those railroad tracks on my shoulders, walking to the My Lai trial of […]

The Davis Cousins’ Religious Convictions

Imagine, if you will, that Kentucky county clerk Kim Davis has a first cousin, Ken Davis, who is a federal judge.   He shares her fervor for the teachings of the Good Book.   But, on his particular hot button religious issue, he has a much stronger, clearer proof text. When the Bible says ” THOU SHALT […]

Another Lexapro Suicide Case Going to Trial

On July 13, 2015, US District Judge Tena Campbell in Salt Lake City, Utah issued an opinion soundly rejecting Forest Laboratories’ motions challenging the scientific propriety of our expert opinion evidence that Lexapro caused Kurt Shipley to take his own life, and rejecting two separate arguments for summary judgment. The opinion can be found here. […]

IS A DAY IN COURT THE “AMERICAN WAY”

The Seventh Amendment right to jury trial is vanishing, right before our eyes. Make no mistake about it. Vanishing! And, tragically, the fault for this fecklessness with the Founders lies on the doorstep of the very people who were empowered by Article III with life tenure so they could safeguard the people’s rights – federal […]

The Law is an Ass

A federally deputized corporal from the Houston Police Department decides to pay YOUR small company’s driver to drive YOUR truck to the Mexican border, load it up with illegal drugs, and try to catch some bad guys.   He knows that the driver is lying to “the owner” – although he doesn’t know your name or […]

Playing By The Rules

Well, if this one don’t take the cake.   First, a big defense firm has the chutzpah to send a young associate into the federal jury assembly room, and then, has the unmitigated gall to refuse to produce his/her notes, claiming them as “work product.”   See the story, and Judge Hoyt’s ruling this week, at http://abovethelaw.com/2014/02/thats-one-way-to-pick-a-jury-maybe-an-unethical-one-but-it-is-one-way/ This one […]

Amendment of Rule 26 – Captain Andy Vickery’s Thoughts

The judicial committee has proposed an amendment to Rule 26, Fed.R.Civ.P.    If passed, the scope of discovery will no longer be information that is relevant, or likely to lead to relevant evidence.  Instead, there will be a new barometer.   The judge can weigh in and decide whether the information sought, by either side, is “proportional […]