Lawyer who backed gay marriage in California sees possibility of disappointing victory

Litigator David Boies acknowledged Tuesday that a U.S. Supreme Court win in his challenge to California’s ban on gay marriage could fall short of the victory he is seeking. Boies has joined with Ted Olson to challenge California’s Proposition 8 referendum banning gay marriage. On Tuesday, Boies said he doesn’t…

Jun 19, 2013 5:13 PM CDT

Winning, so far, in trial court, Hearst wants 2nd Circuit to clarify intern issue after new ruling

In an unusual effort to obtain federal appellate court clarification, Hearst Corp., which has been successfully defending a case over the use of unpaid interns in its publishing ventures, is supporting the plaintiffs in their request for an interlocutory appeal of a recent trial court ruling, Reuters reports. In a…

Jun 18, 2013 6:40 PM CDT

Takings claim by raisin growers may be heard by 9th Circuit, SCOTUS rules

California raisin growers will get their day in a federal appeals court. The U.S. Supreme Court has unanimously ruled the appeals court may consider a takings claim by the raisin growers who refused to turn over a percentage of their crop to the federal government. The impact of the decision…

Jun 10, 2013 4:15 PM CDT

Due to client’s ‘surreptitious’ removal of file, law firm prevails on malpractice claim

A New York law firm has prevailed against a malpractice claim on statute of limitations grounds over what a state court described as a client’s “surreptitious” removal of his file. Plaintiff Kevin Aseel contended in the Nassau County case that his malpractice litigation was timely, because the defendant law firm,…

May 31, 2013 9:20 PM CDT

Seeking to sue drugmakers in state court, some lawyers add pamphlet publishers as defendants

Lawyers representing plaintiffs in lawsuits claiming personal injury due to taking dangerous drugs have discovered they have another weapon in their arsenal. Seeking to avoid being included in cumbersome multidistrict federal litigation that can slow down a client’s case, a number have begun suing the publishers of pamphlets about the…

May 29, 2013 7:25 PM CDT

Parties in slip-and-fall case ordered to hire neutral expert to probe plaintiff’s Facebook page

A Lancaster County, Pa. judge has ordered the parties in a personal injury lawsuit to hire a “neutral forensic computer expert” to probe a plaintiff’s Facebook account. The defendants are Lancaster Regional Medical Center and Hospital Housekeeping Systems. Grace Perrone asserts she she slipped and fell in a puddle of…

May 22, 2013 10:58 PM CDT

T. rex suit takes Texas lawyer to NYC and Mongolia

A victory in civil and criminal litigation over the New York City auction of a smuggled Tyrannosaurus rex skeleton last year hasn’t just earned legal fees for Texas attorney Robert Painter. It’s taken him to Mongolia, where evidence was collected in the Gobi desert, and from his Houston law office…

May 22, 2013 2:05 PM CDT

Alito and Roberts are the most pro-businesses justices since 1946, study finds

Not every decision by the Roberts court has favored businesses. But the U.S. Supreme Court is more pro-business in its rulings than any other since 1946, according to a new study. And two of its justices are also the most pro-business among 36 who served on the court since World…

May 7, 2013 11:05 AM CDT

Should this toy be saved?

May 1, 2013 10:10 AM CDT

Attorneys push for change in debt collection

May 1, 2013 8:20 AM CDT

SCOTUS is often ‘simply irrelevant’ to daily work of trial courts, federal judge says

Senior U.S. District Judge Richard Kopf of Nebraska isn’t afraid to criticize the U.S. Supreme Court. Sometimes the court “can really screw things up,” Kopf writes at his blog Hercules and the Umpire. As an example, he offers the 2005 U.S. Supreme Court decision in United States v. Booker, which…

Apr 25, 2013 11:25 AM CDT

Will federal discovery be streamlined? Proposals would limit depositions, emphasize proportionality

Proposed amendments to the Federal Rules of Civil Procedure aim to reduce the burden of discovery. The proposals set lower presumptive limits for depositions and interrogatories, emphasize proportionality, and limit sanctions for e-discovery violations, Law Technology News reports in an article by Milberg senior counsel Henry Kelston. The proposed changes…

Apr 23, 2013 10:40 AM CDT

Human rights groups condemn Supreme Court decision tossing Alien Tort suit by Nigerian nationals

The U.S. Supreme Court has ruled against a group of Nigerians living in the United States who sought to hold oil companies accountable for alleged human rights violations in Nigeria through a lawsuit in U.S. courts. Chief Justice John G. Roberts Jr. wrote the majority opinion (PDF) upholding dismissal of…

Apr 17, 2013 4:02 PM CDT

SCOTUS to consider whether federal court is bound by contract’s forum-selection clause

The U.S. Supreme Court has agreed to decide whether federal courts are generally bound to enforce contractual agreements on the jurisdiction to be used for the resolution of disputes. The court granted cert on Monday, report the National Law Journal and SCOTUSblog. According to SCOTUSblog, the case “will give the…

Apr 2, 2013 1:46 PM CDT

Slavery continues to haunt the modern world, but efforts to eradicate it are growing

Apr 1, 2013 10:00 AM CDT