ABA Journal

Civil Procedure

1247 ABA Journal Civil Procedure articles.

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.

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.

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…

In speech, Deborah Enix-Ross applauds ABA’s civic and civil engagement

Referencing the “three Cs” that have become a hallmark of her presidency, ABA President Deborah Enix-Ross’ speech to the House of Delegates focused on how members’ work has helped people with a variety of issues.

5th Circuit looks to history and strikes down law banning gun possession by subjects of civil protective orders

A federal appeals court has struck down a ban on gun possession by people subject to domestic-violence restraining orders, citing the historical approach required by the U.S. Supreme Court’s latest Second Amendment precedent.

Baker McKenzie can be sued in Chicago for work performed in Russia by possibly defunct outpost, judge rules

Updated: Baker McKenzie can be sued for malpractice in Chicago for work in Russia on behalf of a client seeking to reclaim a Siberian coal mine said to be worth more than $200 million, a Cook County, Illinois, judge has ruled.

$2.1M IRS civil penalty for unreported Swiss bank account merits SCOTUS review, Gorsuch argues

Justice Neil Gorsuch argued Monday that the U.S. Supreme Court should have agreed to hear the case of a woman who argued that the Internal Revenue Service violated the excessive fines clause when it required her to pay a $2.1 million civil penalty for failing to report a Swiss bank account.

Judge won’t sanction Texas lawyer for missteps after mistaken disclosure of info about Sandy Hook families

Updated: A Connecticut judge has declined to sanction a Texas lawyer representing Infowars host Alex Jones for failing to take proper action after his paralegal mistakenly released confidential documents to the opposing counsel.

Meet Robert Hur, the former Trump-era prosecutor who is special counsel in Biden documents probe

U.S. Attorney General Merrick Garland announced Thursday that he is appointing a partner at Gibson, Dunn & Crutcher as the special counsel to investigate whether any person or entity violated the law in connection with classified documents found at President Joe Biden’s home and office.

Trump-appointed US attorney is investigating classified documents found by Biden’s lawyers at office he used

The U.S. attorney for the Northern District of Illinois is reportedly conducting an initial investigation into the discovery of a small number of classified documents found by lawyers for President Joe Biden at the think tank office that he used after his vice presidency.

‘Romeo and Juliet’ actors file child-abuse suit for 1968 nude scene filmed while they were teens

The actors who were teenagers when they portrayed Romeo and Juliet in the 1968 film Romeo and Juliet are relying on a California law to sue Paramount Pictures for filming them in the nude.

Judge didn’t have jurisdiction to appoint special master in Trump documents case, 11th Circuit says

U.S. District Judge Aileen M. Cannon of the Southern District of Florida didn’t have jurisdiction to consider former President Donald Trump’s request for a special master to review documents seized from his Mar-a-Lago home in Palm Beach, Florida, a federal appeals court has ruled.

Supreme Court will consider challenge to Biden’s student-debt relief program, puts case on fast track

The U.S. Supreme Court has agreed to decide a challenge to the Biden administration’s student-debt relief program in a lawsuit filed by six states.

The legal dilemma of ‘The Wizard of Oz’

“I’ll get you, my pretty, and your little dog, too!” One of my favorite movies is The Wizard of Oz. I rewatched the film recently, and this time, I focused on a scene with great legal significance.

Community resident has standing to sue over planned removal of Confederate statue, top Georgia court says

A community resident can sue over plans to remove a Confederate statue from her county, but groups without ties to the community don’t have standing, the Georgia Supreme Court ruled last week.

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