Civil Procedure

1101 ABA Journal Civil Procedure articles.

Justices should consider when wrongfully convicted can seek damages, ABA says
The ABA is urging the U.S. Supreme Court to hear a case that “presents one of the increasing number of instances in which a prosecutor’s office has conditioned the release of an unlawfully convicted defendant on his agreement to a new plea—rather than vacating the prior conviction before bringing any new charges.”
Afternoon Briefs: Texas no longer accepting refugees; new San Francisco DA announces round of layoffs

New refugees no longer welcome in Texas, governor says

Texas Gov. Greg Abbott announced in a letter released Friday that the state will not take new refugees under a federal…

Jehovah’s Witnesses not negligent in $35M child-abuse case, court rules
The Montana Supreme Court has reversed a $35 million judgment against Jehovah’s Witnesses for failing to report that one of its members had been sexually abusing children for years.
Appeals court directs all California cities to follow ‘sanctuary state’ law
All California cities must follow the “sanctuary state” law, which restricts local law enforcement cooperation with federal immigration agents, an appeals court ruled Friday.
Airmen who have HIV can continue to serve, appeals court rules
An appeals court has upheld an injunction blocking the U.S. Air Force from discharging two airmen because of their HIV-positive status.
Afternoon Briefs: RBG says she’s cancer-free; ‘Eat a bowl of dicks’ lawyer had acknowledged stress

Justice Ginsburg says she is cancer-free

U.S. Supreme Court Justice Ruth Bader Ginsburg has told CNN that she is cancer-free after being treated for a malignant tumor on her…

SCOTUS goes into the new year with a loaded plate as impeachment trial looms

The U.S. Supreme Court has multiple high-profile cases on its docket this term, including cases to be argued in early 2020 on state aid to religion, abortion and President Donald Trump’s desire to shield his personal finances from government subpoenas.

Federal prison’s new policy moots suit by Prison Legal News over censorship, appeals court rules

A federal prison’s decision to distribute Prison Legal News to inmates and change its policy has mooted the publication’s censorship lawsuit, a federal appeals court has ruled.

The Denver-based 10th…

Pro se litigants in pop culture show why representing yourself can be a dangerous decision

The Oklahoma Court of Criminal Appeals has a weekly mailing list that sends out the court’s published and unpublished cases. They arrive in quick succession every Thursday morning. It’s a…

Afternoon Briefs: Madonna sued over late start time of concert; unusual bar ceremony goes viral

Fan sues Madonna for pushing back start time of her concert

A Florida man who spent more than $1,000 on three tickets to see singer Madonna in concert at her…

Anti-panhandling law likely violates First Amendment, 8th Circuit says
A ban on harassing panhandling in Arkansas is likely unconstitutional, and enforcement of the law may be banned statewide, a federal appeals court has ruled.
What’s your favorite trial scene from a movie?
If you're a fan of courtroom scenes in movies, are you more of a "You can't handle the truth!" type via Jack Nicholson in A Few Good Men, or are you more of a "And the truth shall set you free!" type via Jim Carrey in Liar, Liar?
How to master the jury selection process

In this new Modern Law Library episode, Olivia Aguilar of ABA Publishing talks to Jeffrey T. Frederick, an expert on jury selection strategies, about benefits of open-ended questioning, how to break the ice with a conversational tone, and more.

Ex-lawyer who murdered his wife loses standing bid to dismiss estate’s wrongful death suit
A former lawyer convicted of murdering his wife can’t argue that his status as surviving spouse protects him from a wrongful death suit by the estate, a Georgia appeals court has ruled.
Afternoon Briefs: Lawyer convicted in conspiracy involving fake law firms; legal jobs fall

Lawyer convicted in conspiracy that involved creation of fake law firms

Virginia lawyer David H. Miller, 70, of Fairfax was convicted Friday on charges of conspiring to defraud and to…

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