Civil Procedure

Judge Scolds Harvard Prof in RIAA Case

It was initially U.S District Judge Nancy Gertner’s idea that a pro se defendant in a high-profile file-sharing case should seek help from a renowned Harvard Law School professor. But she didn’t hesitate to lecture the errant law prof—and threaten him with sanctions—for ignoring discovery rules, recounts Robert Ambrogi in…

Mar 12, 2009 1:17 AM CDT

Curb Out-of-Control Discovery, Report by Trial Lawyers Group Recommends

Out-of-control discovery in civil cases can be so expensive that it prevents parties from litigating legitimate disputes, a joint report (PDF) by two legal organizations says. Prepared by the American College of Trial Lawyers task force and the Denver-based Institute for the Advancement of the American Legal System, it calls…

Mar 11, 2009 5:17 PM CDT

Supreme Court Rules for Consumer Resisting Compelled Arbitration

The U.S. Supreme Court has ruled that a federal court has no jurisdiction to hear a credit card company’s motion to compel arbitration of a consumer dispute that began in state court. The justices ruled 5-4 in favor of consumer Betty Vaden, the Associated Press reports. Discover Bank had filed…

Mar 9, 2009 4:49 PM CDT

Firm Facing $25K Fine Apologizes, Explains ‘Fraudulent’ Removals

In its response to a federal judge’s threat to bar all 25 of its lawyers from appearing in the Western District of Louisiana, a New Orleans-based defense firm is going to extraordinary lengths to get back in good grace. Last month, U.S. District Judge Tucker Melançon issued an opinion slamming…

Mar 6, 2009 12:00 PM CST

Suit Accuses Greenberg Traurig of Malicious Prosecution

The owner of a Florida dental technician business has sued Greenberg Traurig for malicious prosecution after the state supreme court sided with her in an eviction case. Marina Del Toro claims the law firm, partner Craig Barnett and their landlord client filed suit to evict her company for improper reasons,…

Mar 5, 2009 3:25 PM CST

Scalia Rejects Standing Based on Affidavit of Frequent Forest Visitor

The U.S. Supreme Court has ruled that environmental groups don’t have standing to challenge Forest Service comment regulations for small projects based on an affidavit of a member who frequently visits the National Forests. The 5-4 decision (PDF) will make it more difficult to challenge federal regulations governing timber sales…

Mar 3, 2009 5:05 PM CST

Supreme Court Accepts Freelance Copyright Pay Case

The U.S. Supreme Court has accepted an appeal by Reed Elsevier, Thomson Reuters and other publishers seeking to reinstate a settlement providing compensation for the electronic republication of freelance articles. The 2nd U.S. Circuit Court of Appeals based in New York had tossed a nationwide 2005 settlement, worth as much…

Mar 2, 2009 4:54 PM CST

Standing Derails Suits on Right to Office; Hello President Schwarzenegger?

A lack of standing is the reason judges tossed lawsuits disputing the citizenship of Barack Obama and John McCain, and the reason a challenge to Hillary Clinton’s right to office is also likely to fail. Standing concerns have derailed many lawsuits that allege the government is violating the Constitution, the…

Feb 12, 2009 1:42 PM CST

Dallas Lawyer Sues Judge over Stalking Comments

A Dallas lawyer has filed a libel suit against a judge overseeing a case involving the dissolution of his law firm for expressing concerns that the lawyer was stalking him. Lawyer Evan Lane “Van” Shaw claims in the Dallas County suit that the judge made false statements about stalking to…

Feb 12, 2009 12:20 PM CST

Judge Says Firm Must Explain ‘Fraudulent’ Removals or Pony Up $25K

A federal judge is so fed up with what he labeled a prominent defense firm’s history of “vexatious” litigation tactics that he has threatened to bar all 20 partners and five associates from practicing in the Western District of Louisiana. That’s just one hot bubble under the skin in a…

Feb 10, 2009 8:57 PM CST

Judges Appear Surprised as US Presses State Secrets Privilege

In a case closely watched for a preview of the Obama’s administration’s terrorism policies, a Justice Department lawyer invoked the state secrets privilege before a federal appeals court yesterday. Bush administration lawyers had advanced the same argument to win dismissal of the case against Boeing subsidiary Jeppesen Dataplan, accused of…

Feb 10, 2009 12:04 PM CST

Circus Accused of Elephant Cruelty in Trial Beginning Today

An elephant abuse lawsuit against the Ringling Bros. and Barnum & Bailey Circus is a major test of protections for captive animals under the federal Endangered Species Act. The suit by animal welfare groups seeks an injunction to stop the circus from chaining the elephants, using sharp tools called bullhooks…

Feb 4, 2009 1:41 PM CST

China Plaintiffs in Milk Case Turn Backs on Custom, Look to US-Style Civil Litigation

As Chinese judges condemned two people to death and three others to life in prison last week in one of the worst food safety scandals in China in decades, more than 200 families of children sickened by tainted milk last August are still waiting to hear if Chinese courts will…

Jan 28, 2009 10:58 PM CST

Rapping Appeal Leads to Win for Pro Se Trombone Player

A litigant who filed his own appeals brief written partially in rap has won a Wisconsin appeals court ruling that he doesn’t have to pay legal fees for a lawsuit deemed frivolous by a circuit court judge. Gregory Royal, a trombone player, argued he shouldn’t have to pay $3,750 in…

Jan 26, 2009 1:10 PM CST

In ‘Significant Shift,’ Supreme Court Abandons Saucier’s Two-Step Immunity Test

Acknowledging some pointed criticism of its 2001 immunity decision Saucier v. Katz, the U.S. Supreme Court has nixed the ruling’s rigid two-step test for determining immunity. Today’s unanimous opinion by Justice Samuel A. Alito Jr. said judges shouldn’t be forced to engage in “an essentially academic exercise” by having to…

Jan 21, 2009 4:19 PM CST