Civil Procedure

Special Prosecutor Named in Case Stemming from Improperly Named Defendants

A special prosecutor has been appointed to pursue a sanctions case against two plaintiffs lawyers in connection with misstatements made in a toxic-tort case. A panel of the San Francisco-based 9th U.S. Circuit Court of Appeals appointed the prosecutor to pursue the case against Thomas Girardi and Walter Lack, the…

Jun 10, 2008 2:44 PM CDT

Supreme Court Accepts Philip Morris Punitives Case—Again

The U.S. Supreme Court has agreed to review a $79.5 million punitive damages award against tobacco giant Philip Morris for the third time. At issue is whether the Oregon Supreme Court defied the U.S. Supreme Court’s latest ruling in the case when it upheld the punitive award, Reuters reports. The…

Jun 9, 2008 3:17 PM CDT

Lawyer Appeals 90-Day Sentence for Obscene Courtroom Gesture

A criminal defense lawyer from Austin, Texas, is arguing his 90-day sentence for making an obscene courtroom gesture is excessive. In papers filed with the Texas Court of Criminal Appeals, lawyer Adam Reposa says the hearing into his conduct was not conducted properly, Texas Lawyer reports. “This was not a…

Jun 9, 2008 1:17 PM CDT

Va. Supreme Court Requires Enforcement of Vt. Ruling in Same-Sex Dissolution

The Virginia Supreme Court has ruled that state courts must enforce a child custody order issued by a Vermont court in the dissolution of a same-sex civil union. The ruling requires recognition of the Vermont ruling, despite a Virginia law that says same-sex unions from other states are void there,…

Jun 9, 2008 11:30 AM CDT

E-Discovery Disclosure Goof Waived Attorney-Client Privilege, Judge Rules

A federal magistrate in Baltimore has ruled a company sued for infringement has no attorney-client privilege in 165 documents mistakenly turned over to its opponent in e-discovery. The documents included several communications between the company Creative Pipe Inc. and its lawyers. U.S. Chief Magistrate Judge Paul Grimm ruled Creative Pipe…

Jun 4, 2008 11:12 AM CDT

Trial Judge’s Treatment of ‘Invisible’ Man Was Wrong, Appeals Court Says

When David Battah showed up without a lawyer at the Superior Court of Justice in Canada last year, “it was as if he suddenly became invisible,” a newspaper recounts. Battah had lined up an attorney to help him protest a $463,000 payment being sought from an aunt’s estate, but his…

May 29, 2008 3:18 PM CDT

Wiley Rein Wins Dismissal of $30M Malpractice Suit

Wiley Rein has won dismissal of a $30 million malpractice suit that claimed the law firm botched pleadings to remove a wrongful-death suit from state to federal court. Judge Judith Retchin of Washington, D.C., Superior Court said damages claimed in the suit by Blackwater Security Consulting are speculative, Legal Times…

May 29, 2008 12:30 PM CDT

Judge’s Abrupt End to Testimony Results in New Trial

A California appeals court has granted a new trial to a divorce litigant whose case abruptly ended when the judge walked out while his lawyer was questioning a witness. The judge, Peter McBrien of Sacramento, said he was leaving to handle a request for a protective order, the Recorder (sub.…

May 27, 2008 1:56 PM CDT

Jane Doe Gets to Keep Pseudonym in Suit Over Online Ad

A part-time actress and elementary school teacher will get to remain anonymous for now as she seeks a $5 million claim against a jewelry company she claims violated her rights when it used her image for an Internet commercial that depicts her having a fake orgasm when she receives a…

May 16, 2008 12:06 PM CDT

7th Circuit Upholds $30K Jones Day Sanction, Applies Rule 11

Saying that the sanction was on the lenient side, a federal appeals court has upheld a $30,000 penalty against Jones Day for filing a frivolous counterclaim and, in effect, recommended that federal judges feel free to apply Rule 11 more frequently. U.S. District Judge Barbara Crabb did not abuse her…

May 15, 2008 7:02 PM CDT

Woman’s Suit Against Judge Who Asked Her to Remove Veil Gets Tossed

A federal judge in Detroit has dismissed a woman’s lawsuit against a small claims judge who asked her to remove her veil. The woman, Ginnnah Muhammad, had claimed Judge Paul Paruk of Hamtramck unconstitutionally interfered with her right to practice religion and violated a civil rights law requiring access to…

May 13, 2008 4:53 PM CDT

Court Tosses Arbitrator’s Suit Against Law Firm That Sought His Recusal

A federal judge has ruled a private arbitrator has no standing to sue a law firm based on allegations it made false charges in court papers that sought to disqualify him. Arbitrator Edwin Naythons, a former federal magistrate, had sued the Philadelphia-based law firm Stradley Ronon Stevens & Young for…

May 13, 2008 12:59 PM CDT

Subprime Suits Face Hurdles in the Form of Two Supreme Court Decisions

Recent U.S. Supreme Court decisions may make it more difficult for shareholders suing over subprime losses to prove their claims. A lawsuit against Morgan Stanley’s chief legal officer offers the traditional kind of allegations, the New York Times reports. The action contends the company held back information about its exposure…

May 8, 2008 12:16 PM CDT

Lawyer Fined for Client’s F-Bombs Wants Sanction Lifted

A lawyer fined more than $29,000 for failing to stop his client from dropping variants of the F-word 73 times in a deposition is asking a federal judge to lift the sanction. Lawyer Joseph Ziccardi of Chicago is also asking for permission to drop the client, Aaron Wider, who is…

May 7, 2008 11:27 AM CDT

Closed Trial in One Governor’s Divorce; Closed File in Another’s

Although a former New Jersey governor and his soon-to-be ex-wife have been going at each other publicly for months, the first three days of their divorce trial, which started today, will be held behind closed doors. Reportedly focused, at this point, on the custody of their one child, the divorce…

May 6, 2008 8:22 PM CDT