Civil Procedure

Judge Refuses Default Judgment in File-Sharing Suit, Cites Lack of Evidence

Legal observers say a judge’s refusal to grant a default judgment in a suit alleging illegal file-sharing is a setback for the music industry. U.S. District Judge Janet Bond Arterton of Connecticut said in Feb. 13 ruling that a copyright infringement lawsuit filed by several recording companies appeared to lack…

Feb 27, 2008 7:43 PM CST

Zuckerman Spaeder to Defend Wiley Rein in Malpractice Suit

Lawyers at Zuckerman Spaeder will defend Wiley Rein in a $30 million malpractice suit by Blackwater Security. The suit claims Wiley Rein botched pleadings to remove a wrongful-death suit from state to federal court. The Legal Times blog, the BLT, reports that Elizabeth Taylor and Mark Foster of Zuckerman Spaeder…

Feb 27, 2008 2:06 PM CST

Judge’s Widow Can’t Pursue Suit Claiming Overwork Caused His Death

The widow of a Connecticut judge who claims her husband died from overwork can’t sue the state under a special statute that extended the time limit for her to file suit. The Connecticut Supreme Court ruled Monday (PDF) that the law was unconstitutional because it was designed to benefit just…

Feb 27, 2008 1:09 PM CST

Judge Appears Reluctant to Order Release of Law Firm Probe Notes

Former McAfee general counsel Kent Roberts’ quest for notes of a law firm’s corporate backdating probe appeared to run into a roadblock Monday in the form of Judge Marilyn Hall Patel. Roberts claims he needs the notes to defend himself in a civil suit for securities fraud by the Securities…

Feb 26, 2008 12:43 PM CST

Supreme Court Denies Cert in Consolidated West Virginia Tobacco Cases

The U.S. Supreme Court has refused to hear an appeal that sought to stop the consolidation of more than 1,000 lawsuits against tobacco companies in West Virginia. The cert petition by four tobacco companies asked the court to intervene before March 18, the date that the first phase of the…

Feb 25, 2008 4:14 PM CST

Improper Faxed Notice Dooms Appeal of Pro Se Mom

A mother who says she was unable to contest the termination of her parental rights because she was involuntarily hospitalized has had her appeal tossed because she faxed rather than mailed her notice of appeal. The mother faxed the document 13 days after the final entry of judgment, one day…

Feb 22, 2008 1:27 PM CST

Two Backdating Defendants Seek Notes From Law Firms’ Internal Probes

Former McAfee Inc. general counsel Kent Roberts claims notes of an internal investigation will show that other executives were behind backdating of stock options at the company. Roberts’ lawyer, William Freeman, will ask a San Francisco federal judge on Monday to order the law firm that conducted the investigation, Howrey,…

Feb 22, 2008 1:06 PM CST

Journalist Faces Fines in Contempt Case Over Anthrax Articles

A federal judge has held a former USA Today reporter in contempt for refusing to turn over information about the sources she used when reporting that a former U.S. army scientist might have had a connection to 2001 anthrax attacks. Until Toni Locy complies with Judge Reggie B. Walton’s order,…

Feb 20, 2008 11:20 PM CST

AIG Execs Entitled to Lawyers’ Documents, Appeals Court Rules

A New York appeals court has ruled attorney-client privilege does not protect documents requested by two former executives for American International Group Inc. The opinion said former CEO Maurice Greenberg and former CFO Howard Smith are entitled to the documents to fight civil accusations of accounting irregularities by the New…

Feb 20, 2008 12:14 PM CST

Court Denies Cert in ACLU Wiretap Challenge

An American Civil Liberties Union challenge to the government’s warrantless wiretapping program has been stymied with the U.S. Supreme Court’s refusal to review the case. The court denied cert today, SCOTUSblog reports. The Cincinnati-based 6th U.S. Circuit Court of Appeals had ruled in July that the ACLU and other plaintiffs…

Feb 19, 2008 4:19 PM CST

Judge Dismisses Renditions Case, Cites State Secrets Concerns

A federal judge has cited the state secrets privilege in dismissing a lawsuit that contends a Boeing subsidiary helped the CIA transport prisoners to overseas prisons for torture. U.S. District Judge James Ware of San Jose, Calif., said the suit against Jeppesen Dataplan Inc. “would jeopardize national security and foreign…

Feb 14, 2008 2:18 PM CST

Judge Denies Motion Citing Torture Policy Involvement as Reason for Recusal

A federal appeals judge has denied a motion that seeks his recusal in an excessive-force case on the ground that he cannot be fair because of his involvement in developing torture policy for the Bush administration. The motion contends that Judge Jay Bybee of the San Francisco-based 9th U.S. Circuit…

Feb 13, 2008 3:14 PM CST

States Seek Unclaimed Property for Themselves, Owners Sue

Once upon a time, legislatures throughout the country enacted unclaimed property laws intended to make sure that banks and other companies holding assets that the owners seemed to have forgotten about made efforts to notify them. But today a growing number of states are making it more difficult for owners…

Feb 4, 2008 11:22 PM CST

Judge Blasts Recording Industry’s ‘Clever Scheme’ to Join File-Sharing Defendants

A magistrate judge has targeted what she calls the recording industry’s “clever scheme” to obtain discovery against multiple defendants accused of file sharing by joining them in single lawsuits. In a recent opinion (PDF posted by Internet Law and Regulation), Judge Margaret Kravchuk suggested a hearing on Rule 11 sanctions…

Feb 1, 2008 4:33 PM CST

N.J. Ethics Opinion Allows Ghostwritten Pleadings for Indigent Clients

A New Jersey ethics opinion says lawyers may ethically draft pleadings for litigants without telling the court—in limited circumstances. Opinion 713 by the New Jersey Supreme Court’s Advisory Committee on Professional Ethics says lawyers may ghostwrite pleadings to help someone who can’t afford a lawyer or as part of a…

Jan 29, 2008 1:06 PM CST