ABA Journal

Fifth Amendment

62 ABA Journal Fifth Amendment articles.

Former CFO of Girardi Keese is arrested for alleged $10M ‘side fraud’ scheme

Updated: The former chief financial officer of bankrupt Los Angeles law firm Girardi Keese has been arrested on a federal charge of wire fraud.

Kagan temporarily blocks Jan. 6 committee subpoena for Arizona GOP leader’s phone records

U.S. Supreme Court Justice Elena Kagan on Wednesday issued an administrative stay that blocks a subpoena for a GOP official’s phone records by the congressional committee investigating the Jan. 6, 2021, U.S. Capitol attack.

6th Circuit rules against county that seized homes for unpaid taxes, didn’t refund the surplus value

A county in Michigan violated the takings clause when it seized title to homes to satisfy tax debts without giving the owners compensation for their homes’ value above the amount owed, a federal appeals court has ruled.

‘Probably the worst day of my legal career,’ says lawyer for Infowars founder in testimony on mistaken revelations

A lawyer for Infowars founder Alex Jones testified in a show-cause hearing last week that the release of confidential medical records to opposing counsel in a defamation trial was due to a wrong link provided by his administrative assistant.

Supreme Court should uphold Indian Child Welfare Act, ABA says in amicus brief

The ABA has urged the U.S. Supreme Court to uphold the Indian Child Welfare Act, writing in an amicus brief filed Thursday that Congress enacted the statute “under valid constitutional authority and on the basis of an extensive body of evidence and law.”

Proposed Title IX changes could lead to uptick in suits by students accused of campus sexual misconduct

The Biden administration is proposing changes in regulations governing universities’ handling of sexual misconduct claims that could result in more lawsuits by accused students alleging a lack of due process.

Miranda violation doesn’t give rise to civil claim for damages, SCOTUS rules

The U.S. Supreme Court ruled 6-3 Thursday that a certified nursing assistant who made an incriminating statement during an interrogation can’t sue the sheriff’s deputy who questioned him without a Miranda warning.

Supreme Court rules against immigrants seeking bond hearings and injunctive relief

The U.S. Supreme Court on Monday ruled against immigrants seeking bond hearings and injunctive relief through class actions. Both decision were based on statutory text.

Supreme Court protects Border Patrol agents from constitutional claims; dissent hits ‘drive-by’ immunity

The U.S. Supreme Court on Wednesday ruled against the owner of the “aptly named” Smuggler’s Inn in his quest to sue a Border Patrol agent for allegedly roughing him up and then retaliating against him for reporting the incident.

Weekly Briefs: SCOTUS approval rating plummets; Trumps lose deposition appeal

SCOTUS approval rating drops 10 percentage points

Only 44% of the public approves of the way that the U.S. Supreme Court is handling its job, according to a Marquette University…

Technical problems during remote trial violated parent’s due process rights, top state court says

The Massachusetts Supreme Judicial Court has ordered a new trial for a mother whose faulty cellphone service caused her to miss much of remote proceeding to terminate her parental rights.

Appeals court sides with judge who muted man during remote sentencing

A federal appeals court ruled Monday that a Missouri man’s rights were not violated when a judge muted him twice during his remote sentencing.

What does the original Roe v. Wade really say?

The U.S. Supreme Court appears poised to strike down Roe v. Wade, a landmark decision from 1973 that established a woman’s constitutional right to abortion. Norma McCorvey, a single, pregnant woman in Texas, brought a federal lawsuit in 1970 against district attorney Henry Wade, alleging that Texas criminal abortion statutes that originated in 1854 were unconstitutional.

Federal court officials can be sued for alleged failure to protect public defender from sex bias, 4th Circuit rules

A federal appeals court ruled Tuesday that a former assistant federal public defender in North Carolina can sue court officials for constitutional violations stemming from an alleged faulty investigation of sexual harassment.

‘Shameful’ insular cases should be overruled, Gorsuch says, as SCOTUS rules against Puerto Rico resident

The U.S. Supreme Court ruled 8-1 Thursday that the United States doesn’t violate the equal protection clause by denying disability benefits to residents of Puerto Rico.

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