ABA Journal

Civil Procedure

1196 ABA Journal Civil Procedure articles.

What is a writ of replevin? It’s being used by the DOJ against former White House adviser

Updated: Writs of replevin have been used by creditors to recover collateral, such as cars; by tenants or landlords to recover property taken by the other; by businesses to recover items taken by employees; and by people seeking the return of pets after a breakup. It’s also being cited by the U.S. Department of Justice in a lawsuit against a former senior White House adviser.

Thomson Reuters releases new version of online legal research platform Westlaw

Thomson Reuters has unveiled the latest iteration of Westlaw, its widely used online legal research platform. Westlaw Precision was introduced Wednesday and is the company’s first new version in more than four years.

Judge tosses child porn suit filed by man featured on Nirvana’s ‘Nevermind’ album cover as a baby

5th Circuit rules against children with disabilities who challenged Texas’ ban on school mask mandates

A federal appeals court on Monday ruled that children with disabilities had no standing to challenge a ban on school mask mandates in Texas because they hadn’t shown that a favorable decision would redress their injuries.

In first SCOTUS vote, Jackson joins liberal justices and Barrett in opposing block on Biden immigration policy

The U.S. Supreme Court on Thursday refused to reinstate a Biden administration immigration policy that prioritizes apprehension and deportation of people who pose a threat to national security, public safety and border security.

Tax concerns lead judges to hold on to Berkshire Hathaway stock despite ‘conflict nightmare,’ judiciary is told

A federal appeals judge is suggesting changes to deal with a “conflict nightmare”: judges with holdings in Warren Buffett’s Berkshire Hathaway.

5th Circuit tosses NAACP suit against Mississippi prosecutor accused of racial bias in jury selection

A federal appeals court has ruled that a local NAACP chapter and four Black plaintiffs have no standing to pursue a lawsuit alleging that a Mississippi prosecutor showed a pattern of racial bias during jury selection.

Judge’s error of law is ‘mistake’ under rule allowing reopened judgments, Supreme Court rules

A judge’s error of law is a “mistake” within the meaning of the federal rule that allows judgments to be reopened, subject to a one-year statute of limitations, the U.S. Supreme Court ruled Monday.

5th Circuit Keeps Count: It has kicked federal judge off 6 cases, thrice reversed his discovery refusals

U.S. District Judge Lynn Hughes of the Southern District of Texas has taken another drubbing from the 5th U.S. Circuit Court of Appeals at New Orleans, this time for limiting discovery in an age discrimination lawsuit.

Some trials by SEC administrative judges violate Seventh Amendment right to jury trial, 5th Circuit rules

A federal appeals court ruled Wednesday that administrative trials by the U.S. Securities and Exchange Commission violate the Seventh Amendment right to a jury trial when civil penalties are sought.

Gorsuch dissents with liberals when SCOTUS bars immigrant’s challenge to alleged factual error

Justice Amy Coney Barrett wrote the majority opinion on Monday when the U.S. Supreme Court denied relief to an immigrant who says an immigration judge ordered him deported based on a factual error regarding his driver’s license application.

All internet service providers in US must block 3 pirate streaming sites, federal judge rules

A federal judge in New York City has ordered every internet service provider in the United States to block three pirate streaming services that are rebroadcasting copyrighted Israeli shows in this country.

Weekly Briefs: SCOTUS will hear inmate’s appeal of DNA testing; prosecutor accidentally shoots himself

Supreme Court will hear death row inmate’s DNA test bid

The U.S. Supreme Court on Monday agreed to hear the case of a Texas death row inmate who said DNA…

Judge holds Trump in contempt, fines him $10K per day in fight over business documents

A state court judge in New York City has held former President Donald Trump in civil contempt and ordered him to pay $10,000 per day until he turns over subpoenaed documents or takes other steps to show that they don't exist.

‘Seasoned litigator’ fails to persuade 7th Circuit that sanction was demeaning and too harsh

A federal appeals court has refused to disturb a sanction imposed against a Chicago lawyer for “repeatedly asserting baseless claims” to support personal jurisdiction and then dodging discovery on the issue through his client’s evasive answers.

Read more ...