ABA Journal

Civil Procedure

1187 ABA Journal Civil Procedure articles.

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.

5th Circuit tells lawyer it is ‘often advisable to read the court’s orders,’ upholds $1,250 sanction

A federal appeals court has upheld a $1,250 sanction against a Dallas lawyer for the attorney fees incurred by his litigation opponent when he misread a federal judge’s ruling.

5th Circuit revives Biden’s vaccine mandate for federal workers over jurisdictional issue

A federal appeals court on Thursday revived the Biden administration’s vaccine mandate for federal workers when it ruled a federal judge had no jurisdiction to block the requirement.

New York attorney general asks court to hold Trump in civil contempt, fine him $10K per day

New York Attorney General Letitia James has asked a state court judge to hold former President Donald Trump in contempt and fine him $10,000 per day until he turns over subpoenaed documents in her civil probe of his business.

Top state court grants reprieve to lawyer who flubbed electronic filing in 2020 after his secretary quit

A Rhode Island lawyer who mistakenly thought he was successful in electronically filing a slip-and-fall lawsuit was granted a reprieve last week when the state’s top court reinstated the complaint.

In ‘devastating blow’ to abortion rights, top Texas court stymies suit to overturn restrictive law

The Texas Supreme Court ruled Friday that state licensing officials have no authority to enforce a law banning abortions after about six weeks of pregnancy, apparently foreclosing a lawsuit by abortion providers that seeks to block the law.

Lawyer accused of shooting arrows, gun at ex-girlfriend’s law office loses civil appeal

A disbarred California lawyer accused of shooting a crossbow and gun into his ex-girlfriend’s law office building has failed to overturn a $2.2 million judgment against him.

8 Supreme Court justices agree Kentucky AG can intervene to defend restrictive abortion law

U.S. Supreme Court Justice Sonia Sotomayor was the only dissenter when the high court ruled Thursday that Kentucky Attorney General Daniel Cameron can intervene to defend a restrictive abortion law.

Judge accused of helping immigrant avoid courthouse arrest loses 1st Circuit bid to stop prosecution

A federal appeals court has refused to block the prosecution of a Massachusetts judge and her courtroom deputy, who were accused of helping an immigrant evade arrest by immigration officials.

6th Circuit won’t pause CLE sanctions against Sidney Powell, other lawyers who alleged election fraud

Lawyer Sidney Powell and five other attorneys were unable to persuade a federal appeals court to stay a judge’s sanction requiring them to take continuing legal education courses for filing…

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