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Civil Procedure

1314 ABA Journal Civil Procedure articles.

Warren Beatty Depo to be Videotaped, Del. Judge Rules

Actor Warren Beatty has lost his bid to avoid having to give a deposition on videotape in a dispute over television and film rights to the Dick Tracy comic strip character he played in a 1990 movie. A bankruptcy judge in Delaware today denied Beatty’s request to avoid the camera…

Jul 21, 2009 9:40 PM CDT

Lower Courts Have Cited Little-Noticed 9-11 Decision 500 Times

The U.S. Supreme Court’s May decision against a cable TV installer suing over his Sept. 11 detention may have gotten little notice from the public, but it has gotten the attention of the lower courts. Judges have cited the decision on federal pleading standards in civil lawsuits 500 times in…

Jul 21, 2009 1:56 PM CDT

Homeless Man, Jailed for Failing to Support Boy Who Wasn’t His, Is Freed

A homeless man has been freed after sitting in a South Georgia jail for more than a year for failing to pay the costs of supporting a boy who wasn’t his. Frank Hatley won his freedom yesterday after a Georgia judge concluded he was indigent, the Atlanta Journal-Constitution reports. “I…

Jul 16, 2009 12:03 PM CDT

Story on Motion to Compel Appropriate Shoes Caused Mistrial

A newspaper column about a motion to compel defense counsel to wear appropriate shoes at trial resulted in a mistrial after one juror read the article to others. Judge Donald Hafele of Palm Beach County declared the mistrial in an auto negligence case, but allowed jurors to render an advisory…

Jul 14, 2009 2:13 PM CDT

Okla. High Court Holds Injured Casino Patrons Can Sue in State Courts

The Oklahoma Supreme Court has ruled that people injured in Chocktaw casinos can sue in state courts as well as tribal courts. The tribe’s gaming contract with the state had permitted tort suits in “courts of competent jurisdiction” on a limited basis, but did not define the term, lawyer Daniel…

Jul 13, 2009 5:47 PM CDT

Lawyer’s Lucky Shoes Spur Motion to Compel Appropriate Footwear

A Florida plaintiffs lawyer who doesn’t like the holes in his opponent’s tasseled loafers has filed a “motion to compel defense counsel to wear appropriate shoes at trial.” The motion, filed in Palm Beach County, was denied, the Palm Beach Post reports. Bill Bone of Larmoyeux & Bone claimed in…

Jul 10, 2009 6:41 PM CDT

Harvard Prof Counsel in RIAA Case Ordered to Show Cause

A judge told Harvard University law professor Charles Nesson that he has until Thursday to explain why he should not be sanctioned for his “blatant disregard” of her court orders. Nesson is representing Joel Tenenbaum pro bono in the second file-sharing lawsuit brought by the Recording Industry Association of America.…

Jul 7, 2009 10:14 PM CDT

RIAA Wants Harvard Prof to Take Case Recordings Off the Web

The Recording Industry Association of America says that Harvard Law Professor Charles Nesson is violating court orders and privacy laws by posting recordings of pretrial hearings and depositions to his blog and to the Berkman Center for Internet and Society website. Wired’s Threat Level blog provides links to examples of…

Jul 6, 2009 8:25 PM CDT

Narrowing the Courthouse Door

High court makes it tougher to get past the pleading stage

Jul 2, 2009 2:19 AM CDT

Default Judgment Upheld in ‘Sins of the Lawyer’ Case

A lawyer’s alleged missteps have left an oven manufacturer responsible for paying a $582,000 default judgment. A federal appeals court has rejected an argument that Bakery Machinery & Fabrication Inc. should be entitled to relief from a default judgment because of a “special circumstance”—the lawyer’s representations that the litigation was…

Jun 30, 2009 4:26 PM CDT

Appeals Court Agrees to Toss $50M Malpractice Suit Against Pillsbury

A federal appeals court has agreed that a $50 million malpractice suit against Pillsbury Winthrop Shaw Pittman should be dismissed. The U.S. Circuit Court for the District of Columbia said the claims by the Capitol Hill Group are barred by res judicata, the National Law Journal reports. The opinion affirmed…

Jun 29, 2009 5:59 PM CDT

Judge Denies Civil Lawyer for Terry Nichols in Prison Food Suit

Terry Nichols is doing a fine job representing himself so far, so a federal magistrate has denied the Oklahoma City bombing conspirator’s request that a lawyer be appointed to help him with a lawsuit complaining about prison food. U.S. Magistrate Judge Craig B. Shaffer of the District of Colorado noted…

Jun 25, 2009 12:07 PM CDT

N.J. Judge Rules Laptop With Attorney-Client Messages Is Fair Game

A federal judge in Newark, N.J., has ruled that a laptop confiscated by police during an internal affairs investigation doesn’t need to be returned to the officer. U.S. District Judge Stanley Chesler of the District of New Jersey rejected a request by Officer Anthony Ferraioli’s lawyer that Hackensack police return…

Jun 19, 2009 2:35 PM CDT

Sex-Abuse Scandals Prompt States to Open ‘Window Laws’

High-profile sex-abuse scandals that have rocked schools, churches and communities across the country have led to new efforts to allow victims windows of time to seek redress in civil court. Two states in particular—California and Delaware—have passed “window laws” that temporarily open civil courts for victims to air grievances that…

Jun 11, 2009 4:54 PM CDT

Mass. Justices Ask Why Jailed Lawyer Can’t Explain Client’s Lost Cash

A disbarred lawyer who says he’s in debtor’s prison took his quest to win release to Massachusetts’ highest court yesterday. Justices on the Supreme Judicial Court asked why the former lawyer, Richard Birchall, hasn’t explained what he did with millions of dollars entrusted to him for safekeeping by a client…

Jun 10, 2009 6:30 PM CDT

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