Civil Procedure

9th Circuit blocks two policies that restrict and discourage asylum applications

A federal appeals court on Friday blocked two Trump administration policies that affect asylum-seekers.

Feb 28, 2020 2:55 PM CST

Air travelers should have a private right of action if discriminated against, ABA House says

The ABA House of Delegates approved a resolution targeting air carriers’ discrimination against people with disabilities after lengthy debate Monday at the midyear meeting in Austin, Texas.

Feb 17, 2020 4:17 PM CST

DC Circuit tosses suit claiming Trump is violating emoluments clause

The U.S. Court of Appeals for the District of Columbia Circuit ruled Friday that congressional Democrats do not have standing to sue President Donald Trump for alleged violations of the emoluments clause.

Feb 7, 2020 12:51 PM CST

How corporate lawyers made it harder to punish companies that destroy electronic evidence

In the early 2000s, a series of civil lawsuits against giant corporations illustrated the disastrous consequences that could ensue if a defendant failed to provide electronic evidence such as company emails or records. In one suit against tobacco giant Philip Morris in 2004, U.S. District Judge Gladys Kessler concluded that…

Feb 7, 2020 11:55 AM CST

State laws provide for civil actions and other creative remedies for trafficking survivors

States are implementing or updating their own laws to better protect and support survivors. While criminal protections may permit survivors to seal, vacate or expunge records or provide them with immunity, civil remedies can help them restore lost income and pay off significant debts.

Feb 1, 2020 1:04 AM CST

Supreme Court allows US to implement rule curbing green cards based on likely public assistance

The U.S. Supreme Court allowed on Monday the implementation of the “public charge” rule that makes it easier for the government to deny visas and green cards to immigrants who receive or are likely to receive public assistance.

Jan 27, 2020 2:44 PM CST

5th Circuit denies transgender prisoner’s request to use female pronouns, change court records

A federal appeals court has refused to refer to a transgender inmate by her preferred female pronouns and rejected her request to change court records to reflect her new name. The New Orleans-based 5th U.S. Circuit Court of Appeals ruled 2-1 against a prisoner calling herself Kathrine Nicole Jett. The…

Jan 22, 2020 12:06 PM CST

Afternoon Briefs: Youths’ climate-change suit tossed; Ken Starr and Alan Dershowitz join Trump legal team

9th Circuit tosses youths’ climate-change suit on standing grounds The 9th U.S. Circuit Court of Appeals at San Francisco dismissed Friday a climate-change lawsuit filed on behalf of 21 youths who claim a constitutional right to a climate capable of sustaining human life. The court said in the 2-1 decision…

Jan 17, 2020 3:48 PM CST

Justices should consider when wrongfully convicted can seek damages, ABA says

The ABA is urging the U.S. Supreme Court to hear a case that “presents one of the increasing number of instances in which a prosecutor’s office has conditioned the release of an unlawfully convicted defendant on his agreement to a new plea—rather than vacating the prior conviction before bringing any new charges.”

Jan 14, 2020 10:46 AM CST

Afternoon Briefs: Texas no longer accepting refugees; new San Francisco DA announces round of layoffs

New refugees no longer welcome in Texas, governor says Texas Gov. Greg Abbott announced in a letter released Friday that the state will not take new refugees under a federal refugee resettlement program in 2020. Abbott said more refugees have been accepted by Texas than any other state since 2010,…

Jan 13, 2020 2:42 PM CST

Jehovah’s Witnesses not negligent in $35M child-abuse case, court rules

The Montana Supreme Court has reversed a $35 million judgment against Jehovah’s Witnesses for failing to report that one of its members had been sexually abusing children for years.

Jan 13, 2020 1:40 PM CST

Appeals court directs all California cities to follow ‘sanctuary state’ law

All California cities must follow the “sanctuary state” law, which restricts local law enforcement cooperation with federal immigration agents, an appeals court ruled Friday.

Jan 13, 2020 1:13 PM CST

Airmen who have HIV can continue to serve, appeals court rules

An appeals court has upheld an injunction blocking the U.S. Air Force from discharging two airmen because of their HIV-positive status.

Jan 13, 2020 1:08 PM CST

Afternoon Briefs: RBG says she’s cancer-free; ‘Eat a bowl of dicks’ lawyer had acknowledged stress

Justice Ginsburg says she is cancer-free U.S. Supreme Court Justice Ruth Bader Ginsburg has told CNN that she is cancer-free after being treated for a malignant tumor on her pancreas. Ginsburg, long a civil procedure aficionado, has resumed an active schedule and displays renewed vigor. In oral arguments, she has…

Jan 9, 2020 4:10 PM CST

SCOTUS goes into the new year with a loaded plate as impeachment trial looms

The U.S. Supreme Court has multiple high-profile cases on its docket this term, including cases to be argued in early 2020 on state aid to religion, abortion and President Donald Trump’s desire to shield his personal finances from government subpoenas.

Jan 2, 2020 9:37 AM CST