Civil Procedure

Texas suit challenging Ted Cruz’s eligibility for presidency tossed by judge

A federal judge in Houston said on Wednesday that he will dismiss a lawsuit claiming Ted Cruz is not a natural-born citizen and cannot be president under the U.S. Constitution. U.S. District Judge Gray Miller said Houston solo practitioner Newton Schwartz did not have standing to sue, report Texas Lawyer…

Apr 14, 2016 8:40 AM CDT

Order blocking state AG’s investigation of Google is vacated by 5th Circuit

A federal appeals court has vacated an injunction that blocked Mississippi Attorney General Jim Hood from investigating Google’s alleged failure to combat illegal and harmful activity on the Internet. The New Orleans-based 5th U.S. Circuit Court of Appeals ruled (PDF) on Friday, report the Recorder (sub. req.), Courthouse News Service,…

Apr 12, 2016 7:41 AM CDT

Grandstanding motions could bring sanctions, judge warns in suit over lawyer ‘conflictineering’

A federal judge in Atlanta is warning litigants in a suit over a lawyer’s litigation tactics that they could face sanctions if they file court documents “for the purpose of harassment, intimidation or grandstanding.” U.S. District Judge Timothy Batten issued that warning in a March 31 order (PDF) allowing RICO…

Apr 11, 2016 5:45 AM CDT

Fast-track death-penalty appeals get a boost with 9th Circuit standing decision

Justice Department regulations that would allow states to certify capital cases for fast-track habeas appeals can’t be challenged by two organizations that represent death-row inmates, a federal appeals court has ruled. Fast-track appeals are a step closer as a result of the March 23 appellate decision, the Wall Street Journal…

Mar 28, 2016 8:05 AM CDT

Deep-sea treasure hunter stays in jail as judge awaits ‘epiphany’ about 500 gold coins

Arrested in Florida in January 2015 after several years on the lam, deep-sea treasure hunter Tommy Thompson pleaded guilty a few months later to contempt of court for failing to appear before a federal judge in 2012 and answer questions. But before he can even begin serving his two-year criminal…

Mar 14, 2016 3:50 PM CDT

Chief justice refuses states’ request to stay mercury rule in ‘significant victory’ for EPA

Chief Justice John G. Roberts Jr. on Thursday refused a request by 20 states to stay an Environmental Protection Agency regulation limiting mercury and other toxic pollutants from power plants. Roberts’ refusal was “a significant victory for the Obama administration,” the New York Times reports. The article sees Roberts’ action…

Mar 3, 2016 10:56 AM CST

Suit alleging fraud by Trump University isn’t time-barred, New York appeals court rules

A lawsuit filed by New York’s attorney general seeking restitution for Trump University students because of the school’s alleged fraudulent practices may proceed as a result of a ruling on Tuesday. New York’s Appellate Division, First Department, ruled that the statute of limitations does not bar the fraud suit by…

Mar 1, 2016 2:38 PM CST

Justice moves slowly for those who need interpreters

Even where states require interpreters, actually obtaining them can be problematic. Many states simply don’t have people on staff who can interpret in less-common languages. Read this ABA Journal feature recently honored by the American Society of Business Publication Editors for its government coverage.

Mar 1, 2016 4:20 AM CST

5th Circuit allows Louisiana abortion law to take effect; three of state’s four clinics could close

A federal appeals court on Wednesday refused to block a Louisiana law that requires abortion doctors to have admission privileges at hospitals within 30 miles from abortion clinics. The New Orleans-based 5th U.S. Circuit Court of Appeals lifted a judge’s injunction that had prevented the law from taking effect. The…

Feb 25, 2016 11:22 AM CST

Chief justice explains his Bob Dylan quote and the reason for a missing ‘ain’t’

Bob Dylan is the most cited songwriter in judicial opinions, and the reason may be traced to Chief Justice John G. Roberts Jr. Dylan quotations increased after Roberts wrote a 2008 dissent arguing that parties in the litigation did not have standing, the New York Times reports in a Sidebar…

Feb 22, 2016 11:54 AM CST

Neighbor didn’t have standing to challenge modern house in historic district, appeals court says

A homeowner in a historic district didn’t have standing to challenge design approval of a modern home built across the street, the North Carolina Court of Appeals has ruled. The appeals court opinion said Gail Wiesner didn’t have standing because she didn’t establish “special damages” that differ from those suffered…

Feb 18, 2016 10:47 AM CST

Judge refuses to block law requiring crisis pregnancy centers to provide abortion information

Crisis pregnancy centers in California have so far failed to block a California law that requires them to provide information about state-funded abortion services. The anti-abortion pregnancy centers have filed several First Amendment challenges to the law, the New York Times reports. On Tuesday, U.S. District Judge John Houston became…

Feb 11, 2016 5:45 AM CST

Despite conflict, Covington can represent Minnesota in major enviro suit against 3M, judge rules

A five-year legal battle over which law firm will represent the state of Minnesota in a major environmental case against 3M Co. has put the parties back where they were when the case began in 2010. Covington & Burling will continue to represent Minnesota, despite a conflict concerning the law…

Feb 9, 2016 2:45 PM CST

Judge bars release of anti-abortion group’s undercover videos

A federal judge on Friday issued a preliminary injunction barring an anti-abortion group from releasing undercover videos taken at annual conferences of the National Abortion Federation. U.S. District Judge William Orrick III of San Francisco issued the injunction Friday in a lawsuit filed against the Center for Medical Progress, report…

Feb 9, 2016 8:43 AM CST

Pennsylvania AG fails to get her law license reinstated; state senate to consider her removal

The Pennsylvania Supreme Court on Friday refused to reinstate the law license of Pennsylvania Attorney General Kathleen Kane, saying she waited too long to seek its reinstatement. The Feb. 5 order said Kane did not seek recusal of now-suspended Justice J. Michael Eakin “at the earliest possible time” and her…

Feb 8, 2016 9:11 AM CST