Civil Procedure

3rd Circuit Rules Arbitrator Can’t Sue Stradley Ronon Over Bias Claim

A federal appeals court has ruled that a private arbitrator may not sue Stradley Ronon and one of its lawyers for allegations made in a quest to disqualify him. The Philadelphia-based 3rd U.S. Circuit Court of Appeals said Stradley Ronon and partner Andre Dennis are protected from suit because of…

Jul 31, 2009 1:33 PM CDT

Will Wronged Juveniles Lose Right to Sue?

Thousands of youthful offenders who appeared before a corrupt judge in Pennsylvania are at risk of losing their right to sue for damages and court fees. At issue is a May decision by the Pennsylvania Supreme Court to destroy all documents related to those convicted while disgraced judge Mark A.…

Jul 28, 2009 3:48 PM CDT

Legislation Would Loosen Civil Pleading Standards

Legislation introduced by Sen. Arlen Specter would loosen stricter pleading standards established in two recent U.S. Supreme Court cases. The legislation requires courts to interpret civil procedure rules in a way that negates two Supreme Court decisions, Bell Atlantic v. Twombly and Ashcroft v. Iqbal, the National Law Journal reports.…

Jul 24, 2009 3:01 PM CDT

New York AG Sues 35 Law Firms, Seeks to Void 100,000 Default Judgments

The attorney general of New York has sued 35 law firms and two collectors in a case that could overturn 100,000 default judgments in consumer debt cases. In a lawsuit filed today in Buffalo, Andrew Cuomo seeks to compel cooperation from firms that had relied on what may be faulty…

Jul 22, 2009 8:16 PM CDT

Scary Discovery Sanctions Case Packs 3rd Circuit Courtroom

Daunting discovery sanctions imposed by a federal judge on defense lawyers who were, many colleagues say, simply doing their job in a medical insurance coverage case filed by a group of doctors packed an appellate courtroom during a recent oral argument. Although the underlying case settled after U.S. District Judge…

Jul 22, 2009 6:08 PM CDT

Warren Beatty Depo to be Videotaped, Del. Judge Rules

Actor Warren Beatty has lost his bid to avoid having to give a deposition on videotape in a dispute over television and film rights to the Dick Tracy comic strip character he played in a 1990 movie. A bankruptcy judge in Delaware today denied Beatty’s request to avoid the camera…

Jul 21, 2009 9:40 PM CDT

Lower Courts Have Cited Little-Noticed 9-11 Decision 500 Times

The U.S. Supreme Court’s May decision against a cable TV installer suing over his Sept. 11 detention may have gotten little notice from the public, but it has gotten the attention of the lower courts. Judges have cited the decision on federal pleading standards in civil lawsuits 500 times in…

Jul 21, 2009 1:56 PM CDT

Homeless Man, Jailed for Failing to Support Boy Who Wasn’t His, Is Freed

A homeless man has been freed after sitting in a South Georgia jail for more than a year for failing to pay the costs of supporting a boy who wasn’t his. Frank Hatley won his freedom yesterday after a Georgia judge concluded he was indigent, the Atlanta Journal-Constitution reports. “I…

Jul 16, 2009 12:03 PM CDT

Story on Motion to Compel Appropriate Shoes Caused Mistrial

A newspaper column about a motion to compel defense counsel to wear appropriate shoes at trial resulted in a mistrial after one juror read the article to others. Judge Donald Hafele of Palm Beach County declared the mistrial in an auto negligence case, but allowed jurors to render an advisory…

Jul 14, 2009 2:13 PM CDT

Okla. High Court Holds Injured Casino Patrons Can Sue in State Courts

The Oklahoma Supreme Court has ruled that people injured in Chocktaw casinos can sue in state courts as well as tribal courts. The tribe’s gaming contract with the state had permitted tort suits in “courts of competent jurisdiction” on a limited basis, but did not define the term, lawyer Daniel…

Jul 13, 2009 5:47 PM CDT

Lawyer’s Lucky Shoes Spur Motion to Compel Appropriate Footwear

A Florida plaintiffs lawyer who doesn’t like the holes in his opponent’s tasseled loafers has filed a “motion to compel defense counsel to wear appropriate shoes at trial.” The motion, filed in Palm Beach County, was denied, the Palm Beach Post reports. Bill Bone of Larmoyeux & Bone claimed in…

Jul 10, 2009 6:41 PM CDT

Harvard Prof Counsel in RIAA Case Ordered to Show Cause

A judge told Harvard University law professor Charles Nesson that he has until Thursday to explain why he should not be sanctioned for his “blatant disregard” of her court orders. Nesson is representing Joel Tenenbaum pro bono in the second file-sharing lawsuit brought by the Recording Industry Association of America.…

Jul 7, 2009 10:14 PM CDT

RIAA Wants Harvard Prof to Take Case Recordings Off the Web

The Recording Industry Association of America says that Harvard Law Professor Charles Nesson is violating court orders and privacy laws by posting recordings of pretrial hearings and depositions to his blog and to the Berkman Center for Internet and Society website. Wired’s Threat Level blog provides links to examples of…

Jul 6, 2009 8:25 PM CDT

Narrowing the Courthouse Door

High court makes it tougher to get past the pleading stage

Jul 2, 2009 2:19 AM CDT

Default Judgment Upheld in ‘Sins of the Lawyer’ Case

A lawyer’s alleged missteps have left an oven manufacturer responsible for paying a $582,000 default judgment. A federal appeals court has rejected an argument that Bakery Machinery & Fabrication Inc. should be entitled to relief from a default judgment because of a “special circumstance”—the lawyer’s representations that the litigation was…

Jun 30, 2009 4:26 PM CDT