ABA Journal

Civil Procedure

1135 ABA Journal Civil Procedure articles.

Can California ban state-funded travel to LGBTQ-discriminating states? 2 SCOTUS justices dissent to cert denial

The U.S. Supreme Court won’t hear a suit challenging California’s ban on state-funded travel to states that fail to ban LGBTQ discrimination.

Ruling in payday loan case, Supreme Court curbs ability of FTC to obtain restitution

The Federal Trade Commission will have to follow a more cumbersome procedure to obtain restitution or disgorgement as a result of a unanimous U.S. Supreme Court ruling Thursday.

Threats of sham lawsuit against well-known singer constitute a crime, 9th Circuit says

Threats of baseless litigation can amount to extortion under the Hobbs Act, the 9th U.S. Circuit Court of Appeals at San Francisco ruled Tuesday.

In rare move, full 6th Circuit will hear initial arguments in abortion case; dissent blasts ‘procedural hopscotch’

In an unusual move, the full 6th U.S. Circuit Court of Appeals at Cincinnati will consider the constitutionality of a Tennessee abortion law without an initial ruling by a three-judge panel.

Artificial intelligence has made great inroads, but hasn’t yet increased access to civil justice

With AI using data to improve customer experience in other industries—from banking and retail to consumer electronics and transportation—can it enhance access to justice in civil court?

Afternoon Briefs: Defamation suit against Trump proceeds; 4th Circuit upholds terrorist watch list

Trump has to face defamation suit

Donald Trump has lost his bid to delay a defamation suit that was based on his status as president. The New York Court of…

Kagan cites Ford’s ‘truckload of contacts’ with plaintiffs’ home states in jurisdictional SCOTUS ruling

The Ford Motor Co. can be sued for alleged defects in its vehicles in the states where the plaintiffs lived and the alleged harm happened, the U.S. Supreme Court ruled Thursday in an 8-0 opinion.

Federal prosecutor is removed from criminal cases after allegations of witness pressure

An assistant U.S. attorney in Kansas is no longer handling criminal cases after a federal judge criticized her conduct in a prosecution and noted that she apparently accessed recordings of attorney-client phone calls.

Hiring decisions based on first-year grades miss ‘exceptional students,’ according to new paper

Selective opportunities for law students, including law review membership, judicial clerkships and large law firm association positions, are largely based on first-year grades. And the tradition leaves out many "exceptional students," according to a March 22 working paper that studied classes between 1979 and 2019 at an unnamed top 20 law school.

A ‘disproportionate litigation offensive’ in lawyer’s remodeling dispute can justify lower fee, appeals court says

A lawyer who successfully sued his home remodeling contractor isn't entitled to full attorney fees requested because of a trial judge’s finding that he had overlitigated the matter, a California appeals court ruled Tuesday.

Evangelizing college student can pursue First Amendment suit despite school’s policy change, SCOTUS says

The U.S. Supreme Court ruled Monday for an evangelizing college student who sought nominal damages for alleged free speech violations, even though the university changed the policy that harmed him.

California nonprofit pushes states to make jury instructions more broadly available

Since his early days as a lawyer, Wisconsin criminal defense attorney Chad Lanning has been troubled that the state’s jury instructions were not freely available to the legal community or the general public. As Lanning rose to leadership in the Wisconsin Association of Criminal Defense Lawyers, he turned to Public.Resource.Org’s Carl Malamud for assistance in raising concerns about the issue.

Former college student who claims he was beaten by officers loses ‘loophole’ case in Supreme Court

The U.S. Supreme Court ruled Thursday in a case that could bar a former college student’s constitutional claims against the government because of a ruling on his federal tort claims.

Barrett, Kavanaugh didn’t join conservative dissenters who called for SCOTUS to hear election challenge

Three conservative dissenting justices have called on the U.S. Supreme Court on Monday to hear a challenge to the 2020 presidential election in Pennsylvania. But two of former President Donald Trump’s appointees were not among them.

Supreme Court will consider Trump admin rule that made it easier to deny green cards to poor immigrants

The U.S. Supreme Court on Monday agreed to review a Trump administration rule that made it easier to deny green cards and visas to immigrants who receive or are likely to receive public assistance.

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