http://www.abajournal.com/news/ en Copyright 2013 2013-05-18T11:29:48-06:00 http://www.abajournal.com/news/article/oj_simpsons_lawyer_says_he_knew_about_guns_said_no_deal_no_way_when_told_of/ Reluctantly testifying about his former client, O.J. Simpson, a Miami attorney on Friday contradicted key aspects of Simpson's earlier testimony during a hearing about whether the former football great should be granted a new trial in his Nevada armed robbery case. Called to the stand by prosecutors and reminded that… Appellate Practice, Criminal Justice, Sentencing/Post Conviction, Trials & Litigation, Evidence, States, Nevada Fri, 17 May 2013 17:35:48 -0500 44238.abajournal.com http://www.abajournal.com/news/article/judges_tendency_to_interrupt_patronize_and_admonish_plaintiff_lawyer_requir/ A New York appellate court has reversed a defense verdict in a medical malpractice case, saying that the trial judge's tendency to "interrupt, patronize and admonish" the plaintiff's lawyer prevented the plaintiff from getting a fair trial, Reuters reports. While the lawyer, Anthony Pirrotti, "may have been overly… Appellate Practice, Health Law, Judiciary, Tort Law, Trials & Litigation, Verdicts & Settlements, States, New York Thu, 16 May 2013 16:10:20 -0500 44226.abajournal.com http://www.abajournal.com/news/article/o.j._simpson_i_gave_500k_to_lead_lawyer_for_costs_he_was_supposed_to_defend/ Testifying this week at a hearing in which he hopes to win a new armed robbery trial, O.J. Simpson said he gave $500,000 to his lead defense lawyer, Yale Galanter. But that was for expert witnesses and other costs, Simpson contended—Galanter was supposed to defend the former… Appellate Practice, Celebrities, Criminal Justice, Sentencing/Post Conviction, Trials & Litigation, States, Nevada Thu, 16 May 2013 14:33:55 -0500 44224.abajournal.com http://www.abajournal.com/news/article/appeals_court_upholds_20-year_sentence_for_ex-judge_says/ A 20-year prison term for a former Miami judge has been upheld by a Florida appeals court. Former Circuit Judge Phillip Davis had argued that the sentence was excessive, because he had turned down a plea deal that could have gotten him only a four-year prison term. But the 3rd… Appellate Practice, Criminal Justice, Sentencing/Post Conviction, White Collar Crime, Judiciary, States, Florida Thu, 16 May 2013 10:45:40 -0500 44215.abajournal.com http://www.abajournal.com/news/article/something_unusual_happened_when_holly_van_voast_bared_her_chest_this_spring/ It's been over 20 years since the top New York appeals court ruled that women, like men, may take off their shirts in public without risking criminal charges for doing so, as long as it's for noncommercial purposes. However, at least until recently, it appears that not everyone had gotten… ABA Journal Production, Weekly Newsletter Stories, Appellate Practice, Civil Rights, Constitutional Law, Trials & Litigation, Verdicts & Settlements, States, New York Wed, 15 May 2013 16:09:48 -0500 44202.abajournal.com http://www.abajournal.com/news/article/oj_simpson_is_allowed_to_have_one_hand_free_as_he_argues_for_new_armed_robb/ In an effort to curtail the prison term he is serving for the armed robbery of sports memorabilia from a Las Vegas casino hotel, former football great O.J. Simpson is arguing for a new trial in a Nevada courtroom. His lead counsel, Yale Galanter, is being portrayed… ABA Journal Production, Weekly Newsletter Stories, Appellate Practice, Celebrities, Criminal Justice, Sentencing/Post Conviction, Trials & Litigation, Evidence, States, Nevada Wed, 15 May 2013 10:50:54 -0500 44180.abajournal.com http://www.abajournal.com/news/article/states_top_court_to_televise_oral_arguments_in_case_over_euthanesia_of_dog_/ The Nevada Supreme Court will hear oral arguments in July concerning a 120-pound dog that killed a toddler at a birthday party in 2012. The Rhodesian ridgeback mix, known as Onion, was surrendered by its owner to animal control authorities in Henderson after the death of Jeremiah Eskew-Skahan. However, animal… Animal Law, Appellate Practice, Government Law, Trials & Litigation, States, Nevada Tue, 14 May 2013 14:42:01 -0500 44176.abajournal.com http://www.abajournal.com/news/article/was_well-known_lawyers_demand_letter_extortion_appeals_court_to_hear_argume/ A well-known Southern California lawyer is famous for his menacing legal threats sent on behalf of celebrity clients. But attorney Martin D. "Marty" Singer crossed the line into making an "extortion" attempt in 2011 when he sent a demand letter to a client's business partner, a state-court… ABA Journal Production, Weekly Newsletter Stories, Appellate Practice, Tort Law, Trials & Litigation, Evidence, Verdicts & Settlements, States, California Tue, 14 May 2013 11:55:58 -0500 44170.abajournal.com http://www.abajournal.com/news/article/cuffed_client_decks_lawyer_with_baseball_bat_fashion_punch/ A handcuffed client decked his defense lawyer Monday in a Blair County, Pa., courtroom, in front of the judge who was hearing his post-conviction argument that he should not be sentenced to the death penalty. Andre Staton, 50, slammed the blow in a "baseball bat fashion" squarely in the forehead… Appellate Practice, Criminal Justice, Prosecutors, Public Defenders, Sentencing/Post Conviction, Judiciary, Court Security, States, Pennsylvania Tue, 14 May 2013 11:30:24 -0500 44169.abajournal.com http://www.abajournal.com/news/article/few_minorities_and_women_argued_supreme_court_cases_this_term/ Debo Adegbile was the only African American lawyer to argue a case before the U.S. Supreme Court this term. The Associated Press took a look at the diversity of the lawyers in oral arguments since October and concluded the Supreme Court is more diverse than the lawyers… Appellate Practice, Careers, U.S. Supreme Court Tue, 14 May 2013 08:27:34 -0500 44164.abajournal.com http://www.abajournal.com/news/article/lawyers_who_didnt_notify_insurance_carrier_of_nuisance_case_lose_coverage/ Husband-and-wife West Virginia lawyers who practiced together in the same Charleston firm initially didn't report to their insurance carrier what they subsequently described as a pro se "nuisance case" over a $290,000 check that the plaintiff said was wrongfully issued to one of the firm's attorneys. But after the plaintiff,… Appellate Practice, Business of Law, Law Practice Management, Contracts, Insurance Law, Law Firms, Partners, Solos/Small Firms, Tort Law, Trials & Litigation, Verdicts & Settlements, States, West Virginia Mon, 13 May 2013 12:00:56 -0500 44152.abajournal.com http://www.abajournal.com/news/article/nude_but_not_lewd_airport_protester_beat_indecency_rap_but_is_still_fi/ A tech worker who took it all off at the Portland, Ore., airport last year as a protest of security measures, was acquitted at trial later in 2012 by a Multnomah County judge of the indecent exposure charge that resulted. But the celebration after John E. Brennan's criminal court victory… Administrative Law, Appellate Practice, Aviation & Space Law, Civil Rights, Constitutional Law, Criminal Justice, Trials & Litigation, 9th Circuit Court, States, Oregon Fri, 10 May 2013 17:15:51 -0500 44138.abajournal.com http://www.abajournal.com/news/article/lawyer_with_little_experience_cant_withdraw_at_11th_hour_from_death-penalty/ Gerald Bettman runs a two-attorney law office in Jacksonville, Fla. In addition to criminal defense, the lawyers also focus on divorce and personal injury matters. He has never represented a defendant sentenced to the death penalty during the flurry of appeals that precedes a scheduled execution once the death warrant… Appellate Practice, Constitutional Law, Criminal Justice, Death Penalty, Sentencing/Post Conviction, Criminal Procedure, Trials & Litigation, States, Florida Thu, 09 May 2013 13:00:49 -0500 44096.abajournal.com http://www.abajournal.com/news/article/pro_se_homeowner_wins_rare_federal_stay_of_sale_in_foreclosure_case/ Representing herself in federal court without the help of a lawyer, a Colorado homeowner has won a rare ruling staying the auction sale of her home after she lost a state-court mortgage foreclosure case. U.S. District Judge William Martinez on Monday issued an order temporarily staying the sale of Lisa… Appellate Practice, Constitutional Law, Judiciary, Real Estate & Property Law, Trials & Litigation, Verdicts & Settlements, 10th Circuit Court, States, Colorado Tue, 07 May 2013 11:08:17 -0500 44066.abajournal.com http://www.abajournal.com/news/article/can_remote_texter_be_liable_if_driver_is_distracted_by_message_appeals_cour/ It's common knowledge that texting and driving is a bad idea and, in a number of jurisdictions, illegal. New Jersey is one of them. But what about sending a text to someone you know is behind the wheel? In addition to moral responsibility, could there be any civil liability for… Appellate Practice, Legal Theory, Tort Law, Trials & Litigation, Evidence, Verdicts & Settlements, States, New Jersey Mon, 06 May 2013 17:32:54 -0500 44059.abajournal.com http://www.abajournal.com/news/article/with_1b_fee_unpaid_plaintiff_lawyer_in_18b_enviro_case_is_now_pro_se_agains/ Attorney Steven Donziger could earn $1 billion, his opposing counsel says, if an $18 billion foreign judgment against Chevron Corp. concerning environmental damage in Ecuador is upheld. Meanwhile, Donziger is unable to afford to pay his own counsel as Chevron continues with a bruising U.S. district court counterattack against the… Appellate Practice, Corporate Law, Environmental Law, International Law, Tort Law, Trials & Litigation, Attorney Fees, Evidence, Verdicts & Settlements, 2nd Circuit Court, International Courts/Tribunals, International, South America, States, New York Mon, 06 May 2013 15:15:43 -0500 44049.abajournal.com http://www.abajournal.com/news/article/death-penalty_appeal/ When William Ernest Kuenzel got married to a social worker in 2008, attorney David Kochman was his best man. He's also Kuenzel's pro bono appellate counsel in a death-penalty case in which the attorney is asserting that his client is actually, factually innocent. Kochman, a 33-year-old commercial litigation associate at… Appellate Practice, Business of Law, Law Practice Management, Pro Bono, Civil Rights, Constitutional Law, Criminal Justice, Death Penalty, Sentencing/Post Conviction, Criminal Procedure, Trials & Litigation, Evidence, 11th Circuit Court, States, Alabama Fri, 03 May 2013 12:10:05 -0500 44028.abajournal.com http://www.abajournal.com/news/article/unabomber_lawyer_judy_clarke_is_appointed_to_represent_boston_marathon_bomb/ At the request of Boston's federal public defender, a judge has appointed Judy Clarke, a top death-penalty defense lawyer, to represent accused Boston Marathon bombing suspect Dzhokhar Tsarnaev, Bloomberg reports. Prosecutors haven't said whether they will seek the death penalty in Tsarnaev's case, but “in light of the… Appellate Practice, Constitutional Law, Criminal Justice, Death Penalty, Public Defenders, Terrorism, Trials & Litigation, 1st Circuit Court, States, Massachusetts Tue, 30 Apr 2013 15:29:50 -0500 43978.abajournal.com http://www.abajournal.com/news/article/appeals_court_oks_180-day_contempt_term_for_millionaire_who_helped_16-year-/ A Florida appeals court on Wednesday upheld without comment a 180-day contempt term imposed on a millionaire for taking his then-16-year-old son to Las Vegas to get married to his housekeeper's 18-year-old daughter. A Miami-Dade circuit judge had ordered Dan Rotta to take the troubled teen to a Utah boarding… Appellate Practice, Civil Rights, Constitutional Law, Criminal Justice, Sentencing/Post Conviction, Family Law, Trials & Litigation, Verdicts & Settlements, States, Florida Wed, 24 Apr 2013 17:01:10 -0500 43906.abajournal.com http://www.abajournal.com/news/article/appeals_court_oks_lawyers_fine_for_asserting_slapp_shield_against_tort_case/ A California law that offers lawyers a shield against tort claims concerning their litigation activities has been limited by a California appeals court and might even be eliminated entirely by a federal appeals court. The state's so-called anti-SLAPP statute is intended to offer an early exit for small parties targeted… Appellate Practice, Civil Rights, Constitutional Law, First Amendment, Consumer Law, Law Firms, Solos/Small Firms, Legal Ethics, Trials & Litigation, Verdicts & Settlements, 9th Circuit Court, States, California Wed, 24 Apr 2013 16:23:56 -0500 43904.abajournal.com