Lawyer for Michael Cohen apparently cited nonexistent cases, judge says; new counsel pointed out problem

A lawyer representing former lawyer Michael Cohen in a bid to end supervised release, David M. Schwartz, is facing possible sanctions following an unusual footnote by a new counsel who joined the case.

Dec 13, 2023 3:21 PM CST

‘Nuclear verdicts’ and ‘litigation tourism’ are partly why these state courts are top ‘judicial hellholes,’ report says

Courts in Georgia and Pennsylvania are named as top "judicial hellholes" for their friendliness to tort plaintiffs in a report by the American Tort Reform Foundation.

Dec 8, 2023 2:13 PM CST

Citing mootness, Supreme Court tosses case of disability law tester who ‘singlehandedly generated a circuit split’

Updated: The U.S. Supreme Court on Tuesday dismissed as moot a case of a disability law tester and directed a federal appeals court to vacate the opinion in her case.

Dec 5, 2023 11:04 AM CST

Needless complexity in the courts and 50 ways to reduce it

Just before stepping down as a judge on the Connecticut Superior Court, Thomas G. Moukawsher published The Common Flaw: Needless Complexity in the Courts and 50 Ways to Reduce It. Moukawsher admits his guide “gets pretty far down in the weeds.” But there’s good reason. It is the weeds, he says, “that are choking the litigation-centered humanity out of courts—with snarled complaints, tangled motion practice, choking discovery, smothering trials and stultifying legal rulings.”

Dec 1, 2023 1:10 AM CST

Ruling in double-spacing kerfuffle, federal judge observes lawyers don’t need ‘more words on a page’

A federal judge in Memphis, Tennessee, is advising law firms involved in a kerfuffle over double-spacing that they should spend less time “figuring out how many sometimes-useless words will fit on a page.”

Nov 29, 2023 11:04 AM CST

6th Circuit rejects huge class action filed against makers of ‘forever chemicals’

A federal appeals court based in Cincinnati has refused to certify a class action lawsuit comprising about 11.8 million Ohio residents suing manufacturers of “forever chemicals” said to contaminate the environment.

Nov 28, 2023 2:27 PM CST

Arizona lawmakers who opposed depositions on tougher voting laws fail to win Supreme Court stay

The U.S. Supreme Court on Monday refused to block a federal judge’s decision to allow depositions of two Republican legislative leaders in Arizona who intervened to defend laws passed last year that require would-be voters to provide proof of citizenship.

Nov 28, 2023 10:44 AM CST

Justice Thomas has ‘serious doubts’ about binding nature of mass-tort bellwether trials

U.S. Supreme Court Justice Clarence Thomas on Monday expressed his “serious doubts” about using bellwether trials in multidistrict litigation to prevent defendants from relitigating issues decided in lawsuits by different plaintiffs.

Nov 22, 2023 2:38 PM CST

Judge tosses UPL suit against ‘robot lawyer’ DoNotPay, saying law firm plaintiff was not harmed

A small law firm didn’t have standing to file a class action lawsuit on behalf of all U.S. firms against “robot lawyer” DoNotPay for the unauthorized practice of law, a federal judge in Illinois has ruled.

Nov 21, 2023 2:56 PM CST

Florida’s ban on kids attending drag shows remains blocked after Supreme Court declines to intervene

The U.S. Supreme Court on Thursday refused to lift an injunction that prevents Florida from enforcing a ban on children attending drag shows.

Nov 17, 2023 10:14 AM CST

9th Circuit allows challenge to law banning abortions based on genetic abnormality

A federal appeals court ruled Monday that two reproductive health doctors have standing to challenge an abortion law that bans abortions conducted solely because of a genetic abnormality of a fetus.

Nov 1, 2023 8:52 AM CDT

A Tale of 2 Experts: Evaluations of witnesses depend on whom you ask

Are experts objective? In most jurisdictions they prepare reports setting out their findings and expert opinions. In the province of Ontario where I practiced, experts are expected to actually deliver a certificate attesting to their impartiality. Then again, this season the Toronto Blue Jays no doubt expected not to get swept in the first round of the postseason.

Oct 31, 2023 1:37 PM CDT

May death row inmate reopen habeas case if lawyer abandons him? ABA urges SCOTUS to decide

The ABA has filed an amicus brief urging the U.S. Supreme Court to hear the case of a death row inmate whose appointed habeas lawyer "functionally" abandoned him.

Oct 31, 2023 11:28 AM CDT

9th Circuit dissenters criticize court’s ‘blank check’ for gun restrictions, including ban on high-capacity gun magazines

An en banc federal appeals court ruled 7-4 this week that California may enforce its ban on high-capacity gun magazines pending appeal.

Oct 13, 2023 10:07 AM CDT

Did Trump lawyers flub by failing to request jury trial in civil fraud case?

Former President Donald Trump has told reporters that it was “very unfair” that he didn’t have a jury trial in the civil fraud case alleging that he inflated the value of his properties in statements to insurers and banks.

Oct 4, 2023 10:36 AM CDT