Civil Procedure

Judge refuses to block resettlement of Syrian refugees, calls terrorism arguments ‘hearsay’

A federal judge in Dallas has refused to block a group of Syrian refugees from resettling in Texas, despite state arguments they pose a risk of terrorism. U.S. District Judge David Godbey denied a request for a temporary restraining order on Wednesday, calling the state’s arguments “largely speculative hearsay,” report…

Dec 10, 2015 8:36 AM CST

SCOTUS rules three-judge court must hear gerrymandering case in win for BigLaw associate

The U.S. Supreme Court ruled on Tuesday that a federal judge should not have dismissed a redistricting challenge without referring it to a three-judge panel, as generally required by a federal law governing reapportionment cases. Justice Antonin Scalia wrote the unanimous opinion (PDF) in Shapiro v. McManus. The decision was…

Dec 8, 2015 10:02 AM CST

Patent holders rush to beat new pleading standards; record number of suits filed Monday

Patent holders apparently eager to file suit in advance of new pleading standards filed more than 200 lawsuits on Monday, setting what is believed to be a one-day record for patent suits. The final weeks of November were also popular for patent suits, report the Recorder (sub. req.) and Ars…

Dec 2, 2015 12:16 PM CST

California woman who bought Eurail pass in US can’t sue here for Austrian accident, SCOTUS says

A California woman can’t sue the Austrian national railroad in U.S. courts for an accident in Austria, the U.S. Supreme Court ruled on Tuesday. The suit by plaintiff Carol Sachs is barred here because her allegations don’t fall within an exception to the Foreign Sovereign Immunities Act, the Supreme Court…

Dec 1, 2015 9:48 AM CST

Lawyer is sanctioned for ‘deploying boilerplate claims’ and ‘utterly frivolous’ arguments

An appeals court in Georgia has fined a lawyer $2,500—the maximum allowed under the rules—for “deploying boilerplate claims” and “misuse of notice pleading.” The Nov. 5 opinion (PDF) sanctioning Atlanta lawyer Grady Roberts III was signed by all 12 appeals judges, according to the Daily Report (sub. req.). The opinion…

Nov 17, 2015 5:45 AM CST

$59M settlement in ‘sewer service’ debt-collection suit; 190,000 default judgments may be vacated

A $59 million settlement has been reached in a federal class-action lawsuit over debt-collection tactics that included alleged fraudulent affidavits and “sewer service” of complaints that alleged debtors never received. In addition to a now-defunct New York law firm and a process server, a debt-buying agency that sent collection matters…

Nov 16, 2015 3:20 PM CST

SCOTUS to consider Virginia redistricting suit; do GOP lawmakers have standing?

The U.S. Supreme Court on Friday agreed to consider a Virginia redistricting case challenging the state’s only congressional district with a majority-black population. The Virginia case, Wittman v. Personhuballah, was brought by Mark Elias, the general counsel to the Clinton presidential campaign, the Washington Post reports. Funding was provided by…

Nov 16, 2015 8:00 AM CST

Judge backpedals on controversial order removing foster child from married same-sex couple

A Utah judge has amended a controversial ruling issued earlier this week. It originally required the state to remove a foster child from the home of a same-sex married couple by Nov. 17 because they are not heterosexual. On Friday, 7th District Juvenile Judge Scott Johansen said April Hoagland and…

Nov 13, 2015 1:35 PM CST

Justices appear split on injury needed for suit over incorrect Spokeo profile

Justice Sonia Sotomayor offered a single person’s perspective in oral arguments on Monday in a case being watched by companies such as Twitter and Facebook that fear lawsuits over wrong information posted online. At issue in Spokeo v. Robins is whether companies that publish false things about consumers can be…

Nov 4, 2015 7:38 AM CST

Fired prosecutor’s suit seeking to remove DA from office must be OK’d by another DA

An unusual lawsuit that seeks to remove a sitting Texas district attorney from office appears likely to test the procedural mechanism for doing so. On Tuesday, the judge overseeing the case against Dallas District Attorney Susan Hawk said the case can only go forward if a district attorney in a…

Oct 28, 2015 11:30 AM CDT

Judge grants Hulk Hogan’s request to inspect Gawker’s computers

A judge has granted Hulk Hogan and his legal team access to Gawker’s computers, smartphones, and network servers to determine whether Gawker employees purposely leaked confidential information about the former pro wrestler, The Hollywood Reporter reported Thursday. Florida Circuit Judge Pamela Campbell ruled that Hogan and his team could search…

Oct 23, 2015 4:15 PM CDT

Standing issue gives Jay Z win in infringement suit over ‘Big Pimpin’’

A federal judge has ended an infringement trial against Jay Z over his song ‘Big Pimpin’’ with a ruling that the Egyptian plaintiff did not have standing to bring the claim on behalf of his late uncle. U.S. District Judge Christina Snyder of Los Angeles ruled for Jay Z and…

Oct 22, 2015 8:01 AM CDT

Supreme Court lacks quorum to deal with disbarred lawyer’s cert petition

A disbarred lawyer who named five U.S. Supreme Court justices as defendants in a cert petition caused all five to recuse themselves, resulting in dismissal of the cert petition last week for lack of a quorum. The lawyer, Patrick Missud, had sought review of his legal dispute involving a home…

Oct 20, 2015 11:52 AM CDT

Judge temporarily preserves federal funds flowing to Planned Parenthood in Utah

A federal judge on Thursday extended a temporary restraining order that bars Utah’s governor from defunding Planned Parenthood in the state. U.S. District Judge Clark Waddoups said a decision would be issued later, but he refused to lift the order that keeps federal funds flowing through the state to Planned…

Oct 16, 2015 9:23 AM CDT

Supreme Court considers case of litigant who ‘won’t take yes for an answer’

The U.S. Supreme Court on Wednesday considered whether a full settlement offer moots a case—an issue that could have a big impact in class actions. The plaintiff, Jose Gomez, filed a would-be class action suit when he got an unsolicited text on behalf of the Navy. The text sought recruits…

Oct 15, 2015 10:25 AM CDT