Civil Procedure

California nonprofit pushes states to make jury instructions more broadly available

Since his early days as a lawyer, Wisconsin criminal defense attorney Chad Lanning has been troubled that the state’s jury instructions were not freely available to the legal community or the general public. As Lanning rose to leadership in the Wisconsin Association of Criminal Defense Lawyers, he turned to Public.Resource.Org’s Carl Malamud for assistance in raising concerns about the issue.

Mar 1, 2021 9:00 AM CST

Former college student who claims he was beaten by officers loses ‘loophole’ case in Supreme Court

The U.S. Supreme Court ruled Thursday in a case that could bar a former college student’s constitutional claims against the government because of a ruling on his federal tort claims.

Feb 25, 2021 10:57 AM CST

Barrett, Kavanaugh didn’t join conservative dissenters who called for SCOTUS to hear election challenge

Three conservative dissenting justices have called on the U.S. Supreme Court on Monday to hear a challenge to the 2020 presidential election in Pennsylvania. But two of former President Donald Trump’s appointees were not among them.

Feb 23, 2021 10:54 AM CST

Supreme Court will consider Trump admin rule that made it easier to deny green cards to poor immigrants

The U.S. Supreme Court on Monday agreed to review a Trump administration rule that made it easier to deny green cards and visas to immigrants who receive or are likely to receive public assistance.

Feb 22, 2021 1:36 PM CST

Sanctions upheld for lawyer who included an original haiku in filing and cited Bugs Bunny

A federal appeals court has upheld sanctions imposed on a lawyer who filed “lengthy and superfluous filings” in a dispute with his brother, including a brief that was “littered with exclamation points and rants.”

Dec 16, 2020 11:39 AM CST

Was SCOTUS unanimous in tossing Texas’ election suit on standing ground? Alito a cipher

The U.S. Supreme Court on Friday evening refused to allow Texas to file a lawsuit directly with the court that challenged the election results in four other states.

Dec 14, 2020 9:59 AM CST

Afternoon Briefs: Trump seeks to intervene in SCOTUS election case; new LA district attorney touts reforms

Trump seeks to intervene in Supreme Court election case President Donald Trump on Wednesday sought to intervene as a plaintiff in Texas’ bid to get the U.S. Supreme Court to overturn the election results in four states. Separately, lawyers for 17 states urged the Supreme Court to accept the suit,…

Dec 10, 2020 4:03 PM CST

Standing issue keeps SCOTUS from ruling on state requirement for politically balanced courts

A Delaware lawyer didn’t have standing to challenge a state requirement for political balance and major-party judges on the state’s top courts, the U.S. Supreme Court has ruled.

Dec 10, 2020 12:26 PM CST

Texas AG asks SCOTUS to overturn election results in 4 states via its original petition

Texas Attorney General Ken Paxton is asking the U.S. Supreme Court to accept a lawsuit that seeks to overturn the election results in the battleground states of Georgia, Michigan, Wisconsin and Pennsylvania.

Dec 8, 2020 11:35 AM CST

Afternoon Briefs: Top state court rejects election appeal; judge allows lawyer’s bias suit against bank

Wisconsin turns down direct appeal in election lawsuit The Wisconsin Supreme Court ruled Thursday that the Trump campaign could not challenge election results in that court without first taking the case to a trial judge. The suit seeks to invalidate more than 200,000 votes. (Bloomberg Law, the New York Times)…

Dec 4, 2020 4:23 PM CST

En banc 5th Circuit allows Medicaid defunding of Planned Parenthood

Medicaid patients don’t have a right to sue over a state’s decision to end Medicaid funding for Planned Parenthood, the en banc 5th U.S. Circuit Court of Appeals at New Orleans ruled Monday.

Nov 25, 2020 11:13 AM CST

Trump campaign appeals after federal judge tosses suit, calls one claim ‘Frankenstein’s monster’

The Trump campaign on Sunday filed a notice of appeal after a federal judge tossed its lawsuit challenging Pennsylvania’s differing approaches to errors on mail-in ballots.

Nov 23, 2020 11:24 AM CST

Afternoon Briefs: Peremptory challenge curbs allowed; more federal courts halt jury trials

Juror shortages lead to curbs on peremptory challenges Judges in Lackawanna County, Pennsylvania, are allowed to ban or reduce peremptory challenges in civil cases to avoid running out of potential jurors. Judges asked and received permission from the Pennsylvania Supreme Court to make the change because of a drop in…

Nov 20, 2020 4:06 PM CST

In first federal court appearance since 1992, Giuliani argues lack of observer access despite dropped claim

Updated: Lawyer Rudy Giuliani appeared before a judge to argue a Pennsylvania election case Tuesday, marking the first time since 1992 that he has appeared in federal court, according to PACER records examined by Law.com.

Nov 18, 2020 10:57 AM CST

3rd Circuit won’t interfere with Pennsylvania ballot count, while Trump campaign trims another suit

A lawsuit challenging late-arriving ballots in Pennsylvania suffered a defeat in a federal appeals court Friday, while a different Pennsylvania lawsuit was trimmed so much that it might no longer have the potential of affecting election results.

Nov 16, 2020 11:03 AM CST