ABA Journal

Civil Procedure

1220 ABA Journal Civil Procedure articles.

Plaintiff is Top Judge; Who Hears Appeal?

It’s a basic premise of constitutional law that litigants are entitled to a fair trial. Thus, when a judge is even peripherally involved in a lawsuit, he or she routinely…

Court Finds No Jurisdiction in Energy Appeal

The U.S. Supreme Court has ruled that a federal appeals court did not have jurisdiction to review a federal judge’s order sending a lawsuit against a Canadian energy company back…

Courts Differ on Wal-Mart Suits

Courts in two states yesterday differed on workers’ quests for class action status in lawsuits against Wal-Mart.

A Missouri appeals court ruled that a class action suit could proceed after a trial judge revises definitions for subclasses, the Wall Street Journal reports (sub. req.).

A New York court refused to certify a class in a similar suit, saying the claims should be tried individually.

PIs Help Defeat Class Actions

Los Angeles lawyer David Aronoff has found a new way to oppose class actions.

Aronoff thought that too many judges were displaying a “rubber stamp mentality” and routinely certifying class-actions.…

E-Discovery Order May Be a First

A Los Angeles magistrate has ordered a Web search engine to collect customer data stored in random access memory in perhaps the first case to require such discovery.

TorrentSpy, a search engine that directs users to video files, is appealing the order, the Recorder reports. The company is being sued for copyright infringement by six movie studios seeking access to RAM to learn more about the files sought by site visitors.

Nuremberg Attorney: Gitmo Trials Unfair

An 88-year-old American lawyer who helped try war criminals at Nuremberg, Germany, after World War II says today’s Guantanamo Bay cases fly in the face of the prosecutorial precedent he…

Tobacco Maker Loses Removal Bid

A cigarette company may not transfer a class-action lawsuit to federal court based on the federal government’s regulation of light cigarettes.

The suit against Philip Morris targeted the marketing of Marlboro Lights and Cambridge Lights, the Wall Street Journal reports (sub. req.).

The tobacco maker sought to transfer the action out of the Arkansas state courts under a law allowing removal to federal court when a private person acts under a federal officer.

Philip Morris had argued the Federal Trade Commission was a federal officer because it oversaw a voluntary agreement setting standards for light cigarettes.

Motion Claims 35,000 Documents Withheld

A pending motion for sanctions claims chip maker Qualcomm failed to turn over more than 35,000 discovery documents in a patent infringement case.

Qualcomm had sued rival semiconductor maker Broadcom…

E-Discovery Gets Real

Revisions to the Federal Rules of Civil Procedure still leave many questions about discovery of electronic evidence

Targeting Depo Tactics

New York Is Latest State to Put the Brakes on Deposition Abuse

The Big Bopper

This Terre Haute Lawyer Is Exploding the Canons of Judicial Campaign Ethics

Rapid Response

ABA Moves Quickly in Raising Concerns About Surveillance Wiretaps

Flying Under the Radar

These Little-Notices Legal Developments Could be Making News This Year

Porous Privilege

Lawyers Struggle to Keep Work Product, Legal Advice Secret in Electronic Discovery

Standing Pat On Rule 11

ABA Opposes Proposal to Impose Mandatory Sanctions for Frivolous Filings

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