Civil Procedure

1244 ABA Journal Civil Procedure articles.

Trump’s post-trial sexual assault denials are relevant in separate defamation suit, lawyer for accuser says

A lawyer for the woman who accused former President Donald Trump of sexual assault told a federal judge Monday that Trump’s post-trial comments denying the incident are relevant in a separate pending lawsuit against Trump.

May 23, 2023 10:48 AM CDT

‘I don’t understand this theme that FDA can do no wrong,’ says 5th Circuit judge on mifepristone approval

The 5th U.S. Circuit Court of Appeals at New Orleans on Wednesday appears ready to restrict approval of the abortion medication mifepristone.

May 18, 2023 9:30 AM CDT

Can US lawmakers sue for information on Old Post Office lease to Trump company? SCOTUS to decide

The U.S. Supreme Court on Monday agreed to decide whether individual lawmakers have standing to sue a U.S. agency for information on the lease of the Old Post Office building to a Trump-owned business. The General Services Administration had leased the Old Post Office in 2013 to a business owned by Donald Trump and his children. The agreement specifically barred any elected official from participating in or benefiting from the lease.

May 15, 2023 10:15 AM CDT

Judge sanctions lawyer for ‘obnoxious’ and ‘appalling’ deposition conduct

A personal injury lawyer will be sanctioned for his deposition conduct after calling the opposing counsel “corporate shills” who “live in an alternate reality," a federal judge ruled from the bench last week.

May 10, 2023 9:17 AM CDT

Alito ‘packed a lot of grievance’ in dissent as Supreme Court allows access to abortion pill—for now

Justices Samuel Alito and Clarence Thomas dissented from the U.S. Supreme Court’s decision Friday to allow continued full access, for now, to the abortion medication mifepristone. But Alito spoke only for himself in a written dissent; Thomas did not indicate the reason for his dissent.

Apr 24, 2023 11:03 AM CDT

Justice Alito keeps full access to mifepristone in place pending briefing next week

U.S. Supreme Court Justice Samuel Alito granted an administrative stay Friday that temporarily allows access to the abortion drug mifepristone for up to 10 weeks of pregnancy, as well as access through the mail.

Apr 14, 2023 3:58 PM CDT

Weekly Briefs: Murder cases move slowly in Chicago; Neuriva decision could limit attorney fees

Justice is slow in Chicago

Most murder cases in the county that includes Chicago take four years or longer to resolve, according to a series of investigative stories by the…

Apr 14, 2023 2:21 PM CDT

Why the 5th Circuit is allowing abortion pill sales but pausing expanded access to the drug

Updated: Anti-abortion doctors and medical associations likely sued too late to revoke the U.S. Food and Drug Administration’s 2000 approval of the abortion pill mifepristone, a federal appeals court has ruled in temporarily staying part of an April 7 decision by U.S. District Judge Matthew J. Kacsmaryk of Texas.

Apr 13, 2023 10:44 AM CDT

One mifepristone decision ‘runs roughshod’ over procedural issues, the other ‘is no better,’ law profs say

At least one law professor has said the competing abortion pill decisions issued Friday suffer from the same defect: The plaintiffs lack standing.

Apr 10, 2023 10:56 AM CDT

Does woman who checks websites for disability compliance have standing to sue? Supreme Court will decide

The U.S. Supreme Court on Monday agreed to decide whether a woman who tests hotel websites for compliance with the Americans With Disabilities act has standing to sue if she has no plans to stay at a targeted hotel.

Mar 27, 2023 12:41 PM CDT

Lawyer’s suit over disclosure of ABA Journal subscription tossed by federal judge

A federal judge in Detroit has tossed a Michigan lawyer’s lawsuit contending that the American Bar Association disclosed his membership, and therefore his ABA Journal subscription, to list brokers and others in violation of state law.

Mar 23, 2023 12:58 PM CDT

Gorsuch, Thomas question ‘offended observer’ standing in rejected police prayer-vigil case

Justices Neil Gorsuch and Clarence Thomas suggested Monday that an “offended observer” does not have standing to sue for an alleged establishment clause violation, when the U.S. Supreme Court declined to hear a police prayer-vigil case.

Mar 7, 2023 12:25 PM CST

Trump doesn’t have absolute immunity from civil suits stemming from Jan. 6 Capitol riot, DOJ says

Former President Donald Trump isn’t shielded from liability in civil lawsuits stemming from the Jan. 6, 2021, U.S. Capitol riot if his speech before the event “encouraged imminent private violent action and was likely to produce such action,” the U.S. Department of Justice said in a brief filed with a federal appeals court.

Mar 3, 2023 9:32 AM CST

Judge tosses ethics case against Sidney Powell, citing ‘numerous defects’ in regulator’s exhibits

A judge in Texas has tossed an ethics case against lawyer Sidney Powell for alleged frivolous election lawsuits, citing regulators’ refusal to fix a faulty evidence list as a key reason it was unable to meet its evidentiary burden.

Feb 24, 2023 10:00 AM CST

Weekly Briefs: SCOTUS nixes immigration arguments; decapitation defendant attacks her lawyer

SCOTUS drops arguments in immigration case

The U.S. Supreme Court on Thursday removed a case from its argument calendar in which 19 states sought to keep in place an immigrant…

Feb 17, 2023 3:45 PM CST

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