Civil Procedure

Afternoon Briefs: Suit tossed over ‘stateless’ BigLaw partners; Lafayette Square claims dismissed

Perkins Coie wins suit dismissal because of ‘stateless’ partners The 7th U.S. Circuit Court of Appeals at Chicago has ruled that former Trump campaign adviser Carter Page can’t sue Perkins Coie for defamation in federal court. Page had alleged that the law firm and the Democratic National Committee retained Fusion…

Jun 22, 2021 4:53 PM CDT

Is it a 3-3-3 Supreme Court? Barrett opinion gives Goldman Sachs partial win in class-action case

In another case with an unusual lineup, the U.S. Supreme Court partly ruled for Goldman Sachs on Monday in a securities class action alleging the investment bank made generic statements that maintained its inflated stock prices.

Jun 21, 2021 1:35 PM CDT

Affordable Care Act survives again; states have no standing to challenge individual mandate, SCOTUS rules

The Affordable Care Act remains intact after the U.S. Supreme Court ruled 7-2 Thursday that challengers do not have standing to challenge the law’s requirement to carry health insurance.

Jun 17, 2021 9:11 AM CDT

Sotomayor sees challenging world for today’s law graduates

Justice Sonia Sotomayor told Yale Law School grads this week that they are graduating in a world where the legal profession is viewed more cynically than when she graduated from the same school in 1979.

May 28, 2021 9:45 AM CDT

Can California ban state-funded travel to LGBTQ-discriminating states? 2 SCOTUS justices dissent to cert denial

The U.S. Supreme Court won’t hear a suit challenging California’s ban on state-funded travel to states that fail to ban LGBTQ discrimination.

Apr 26, 2021 11:26 AM CDT

Ruling in payday loan case, Supreme Court curbs ability of FTC to obtain restitution

The Federal Trade Commission will have to follow a more cumbersome procedure to obtain restitution or disgorgement as a result of a unanimous U.S. Supreme Court ruling Thursday.

Apr 23, 2021 9:34 AM CDT

Threats of sham lawsuit against well-known singer constitute a crime, 9th Circuit says

Threats of baseless litigation can amount to extortion under the Hobbs Act, the 9th U.S. Circuit Court of Appeals at San Francisco ruled Tuesday.

Apr 16, 2021 11:56 AM CDT

In rare move, full 6th Circuit will hear initial arguments in abortion case; dissent blasts ‘procedural hopscotch’

In an unusual move, the full 6th U.S. Circuit Court of Appeals at Cincinnati will consider the constitutionality of a Tennessee abortion law without an initial ruling by a three-judge panel.

Apr 13, 2021 1:33 PM CDT

Artificial intelligence has made great inroads, but hasn’t yet increased access to civil justice

With AI using data to improve customer experience in other industries—from banking and retail to consumer electronics and transportation—can it enhance access to justice in civil court?

Apr 1, 2021 1:40 AM CDT

Afternoon Briefs: Defamation suit against Trump proceeds; 4th Circuit upholds terrorist watch list

Trump has to face defamation suit Donald Trump has lost his bid to delay a defamation suit that was based on his status as president. The New York Court of Appeals agreed to dismiss Trump’s appeal on Tuesday, arguing that the issues in the suit by a former Apprentice contestant…

Mar 31, 2021 4:45 PM CDT

Kagan cites Ford’s ‘truckload of contacts’ with plaintiffs’ home states in jurisdictional SCOTUS ruling

The Ford Motor Co. can be sued for alleged defects in its vehicles in the states where the plaintiffs lived and the alleged harm happened, the U.S. Supreme Court ruled Thursday in an 8-0 opinion.

Mar 25, 2021 11:55 AM CDT

Federal prosecutor is removed from criminal cases after allegations of witness pressure

An assistant U.S. attorney in Kansas is no longer handling criminal cases after a federal judge criticized her conduct in a prosecution and noted that she apparently accessed recordings of attorney-client phone calls.

Mar 24, 2021 3:13 PM CDT

Hiring decisions based on first-year grades miss ‘exceptional students,’ according to new paper

Selective opportunities for law students, including law review membership, judicial clerkships and large law firm association positions, are largely based on first-year grades. And the tradition leaves out many "exceptional students," according to a March 22 working paper that studied classes between 1979 and 2019 at an unnamed top 20 law school.

Mar 24, 2021 11:07 AM CDT

A ‘disproportionate litigation offensive’ in lawyer’s remodeling dispute can justify lower fee, appeals court says

A lawyer who successfully sued his home remodeling contractor isn't entitled to full attorney fees requested because of a trial judge’s finding that he had overlitigated the matter, a California appeals court ruled Tuesday.

Mar 11, 2021 1:51 PM CST

Evangelizing college student can pursue First Amendment suit despite school’s policy change, SCOTUS says

The U.S. Supreme Court ruled Monday for an evangelizing college student who sought nominal damages for alleged free speech violations, even though the university changed the policy that harmed him.

Mar 8, 2021 11:45 AM CST