Civil Procedure

Homeless services model aims to provide military veterans with housing and legal assistance

In 1981, five Vietnam veterans hatched a plan to mount an armed assault on the Veterans Administration building in San Diego. They were angry that the VA seemed indifferent to veterans’ physical and mental health, and concerned about increasing numbers of homeless Vietnam vets around the city. But before they…

Feb 7, 2016 10:10 AM CST

Appeals court nixes Florida suit over fatal Italian shipwreck of Costa Concordia

Although the parent company of a sunken ocean liner is based in Miami and five plaintiffs are U.S. residents, a Florida appeals court last week nixed a U.S. lawsuit over the fatal 2012 shipwreck. Because the Costa Concordia struck a coral reef off the Italian island of Giglio, the 3rd…

Feb 2, 2016 1:50 PM CST

Suit by cheerleaders who sued over Bible banners isn’t moot, Texas high court rules

The Texas Supreme Court has reinstated a lawsuit by middle-school and high-school cheerleaders who were temporarily banned from displaying Bible-themed banners. The court said the cheerleaders’ suit isn’t moot because the Kountze Independent School District could impose a new ban on religious messages at school-sponsored events in the future, report…

Feb 1, 2016 8:17 AM CST

Suit seeks replacement of lead water pipes in Flint; is sovereign immunity a bar?

A lawsuit filed in federal court on Wednesday alleges Michigan officials failed to deliver safe drinking water to the citizens of Flint in violation of the Safe Drinking Water Act. The suit seeks replacement of city and privately owned lead water pipes, which corroded and leached lead when the city…

Jan 27, 2016 10:31 AM CST

Federal judge allows removal of Confederate monuments in New Orleans

A federal judge has cleared the way for New Orleans to remove four Confederate monuments. In a decision (PDF) on Tuesday, U.S. District Judge Carl Barbier denied injunctive relief to groups opposing the removal, report the Associated Press, the New Orleans Times-Picayune and the New Orleans Advocate. Barbier said the…

Jan 27, 2016 8:29 AM CST

Supreme Court rules against company seeking to end class action with settlement offer

A 6-3 U.S. Supreme Court decision on Wednesday is a defeat for companies seeking to fend off class actions with a full settlement offer to the name plaintiff. Justice Ruth Bader Ginsburg wrote the majority opinion (PDF) for Campbell-Ewald Co. v. Gomez in favor of Jose Gomez, who sued after…

Jan 20, 2016 11:45 AM CST

10 ways to reform the civil justice system by changing the culture of the courts

Civil justice reform is on the march, and it is much needed. A survey (PDF) conducted on behalf of the National Center for State Courts in October echoes this sentiment, and captures the overall public perception of our courts. Americans believe that the courts are political (61 percent), inefficient (52…

Jan 14, 2016 8:00 AM CST

Does monkey have standing to assert copyright in selfie photos? Judge is skeptical

A federal judge in San Francisco hearing arguments on Wednesday appeared unlikely to find standing in a copyright suit filed on a behalf of a monkey who shot selfies published in a wildlife book. U.S. District Judge William Orrick said during the hearing there was no indication the federal copyright…

Jan 7, 2016 10:59 AM CST

Federal judge sanctions lawyer for ‘litigious necromancy’ and ‘see what sticks’ approach to briefing

A federal judge in Pennsylvania has ordered an Allentown lawyer to pay attorney fees for filing an employment discrimination case that was “nothing more than an illusion.” U.S. District Judge Matthew Brann sanctioned lawyer Donald Russo in a Dec. 29 decision (PDF), report the Legal Intelligencer (sub. req.) and Pennlive.com.…

Jan 5, 2016 8:12 AM CST

Citing lawyer misconduct, federal judge grants new trial in cop shooting of a Chicago man

Updated: A federal judge rebuked the City of Chicago and its lawyers for failing to turn over evidence in a wrongful death lawsuit brought by the family of a man shot to death by city police officers in 2011. The Chicago Tribune reported Monday that U.S. District Judge Edmond Chang…

Jan 4, 2016 3:45 PM CST

Chief justice: Judges and lawyers should heed speedy justice idea in ‘big deal’ civil rule changes

Changes in the Federal Rules of Civil Procedure highlight lawyers’ affirmative duty to work together to achieve prompt and efficient resolutions of disputes, according to Chief Justice John G. Roberts Jr. In his Year-End Report on the Federal Judiciary (PDF), Roberts called for “a change in our legal culture that…

Jan 4, 2016 9:51 AM CST

Courts use special masters, mediation to help solve e-discovery issues

Robert Moore got an education during his time with a special master for e-discovery and electronically stored information. Moore, the managing partner of Heaton and Moore in Memphis, Tennessee, was in the discovery phase of a wrongful death suit. He retained an information technology expert to find data requested by…

Jan 1, 2016 2:00 AM CST

Judge refuses to block Black Lives Matter protest at Mall of America because of jurisdictional issue

A Minnesota judge has refused to block a Mall of America demonstration on Wednesday by Black Lives Matter, despite finding that the mall is private property that can bar activity hostile to its business. In a decision on Tuesday, Judge Karen Janisch said she could not issue an injunction against…

Dec 23, 2015 7:28 AM CST

Judge who warned lawyer about ‘witless observations’ fines him for failing to excise tossed counts

A federal judge in Pennsylvania has fined a Mechanicsburg lawyer $5,000, saying he included tossed counts in an amended complaint “for reasons the court cannot comprehend.” U.S. District Judge Matthew Brann ordered lawyer Devon Jacob to pay that amount to cover the opposing parties’ legal fees. Brann said Jacob could…

Dec 17, 2015 9:15 AM CST

Judge didn’t have the authority to rule in Second Amendment case, appeals court says

A federal judge didn’t have the authority to rule when he found a Washington, D.C., gun law likely violated the Second Amendment, a federal appeals court has ruled. The error was “quite understandable,” according to the decision (PDF) on Tuesday by the U.S. Court of Appeals for the District of…

Dec 16, 2015 6:15 AM CST