ABA Journal

Discovery

49 ABA Journal Discovery articles.

Copyright lawyer with ‘ignominious record’ must pay over $100K in sanctions, 2nd Circuit says

A federal appeals court has upheld sanctions of more than $100,000 against copyright lawyer Richard Liebowitz for lying to a New York federal judge and violating his orders.

Lawyer finds two words that doom billion-dollar case

A lawyer with a BigLaw firm was able to thwart a billion-dollar qui tam case against the Lennar Corp. when she found a California real estate developer’s name on a change-of-counsel form.

Good cop, bad cop: What happens when police get too cozy with informants?

Over a year ago, I wrote a column for my “law and pop culture” series regarding the A&E show Live PD. In that column, I spoke about the problems these types of series can cause for defendants and law enforcement.

Judge tosses 238 oil-spill cases, citing law firm’s failure to respond to discovery requests

A federal judge in Pensacola, Florida, has dismissed 238 cases filed for cleanup workers who blame their medical problems on the BP Deepwater Horizon oil spill.

In closing brief, disbarred environmental lawyer claims his prosecution is ‘run by an oil company’

A closing brief filed on behalf of disbarred environmental lawyer Steven Donziger contends that the criminal contempt case against him “has all the trappings of a deeply troubled and conflicted prosecution run by an oil company.”

SCOTUS will hear case involving FBI surveillance of Muslim community and state secrets privilege

The U.S. Supreme Court on Monday agreed to consider the government’s ability to invoke the state secrets privilege to defeat a lawsuit accusing the FBI of illegally spying on the Muslim community.

Afternoon Briefs: Legal industry jobs jump again; Boies Schiller emails admissible at former CEO’s trial

Legal industry gains 1,700 jobs in May

The legal services industry gained 1,700 jobs in May, according to seasonally adjusted numbers released Friday by U.S. Bureau of Labor Statistics. The…

Plaintiff who alleges hip implant injuries must turn over Fitbit data, federal judge rules

A plaintiff who alleges that he was injured by a defective hip implant must turn over data from his Fitbit to the defendant, a federal judge ruled Monday.

3 BigLaw firms will give back $1M in Purdue Pharma legal fees in settlement with trustee

Three large law firms have agreed to reduce fee applications by $1 million in their bankruptcy representation of Purdue Pharma, the maker of the prescription pain medication OxyContin, after the U.S. trustee alleged a failure to disclose a common interest agreement.

Evidential essentials: How witnesses can make or break a case

It was a cold Canadian winter morning. But let me get back to that in a moment. The success of your case often gets down to three things: witnesses, witnesses and witnesses. Good advocacy helps, too, but that generally means marshaling good witnesses.

Evidence of jury racial bias in civil trial requires hearing, 6th Circuit says, citing ‘crackhead’ assumption

A federal trial court must hold a hearing to examine potential jury bias after one woman said jurors considered the Black plaintiff to be "a crackhead" and referred to his lawyers as the "Cosby Show," a federal appeals court has ruled.

Wife’s warnings before death can’t be used in husband’s murder trial, top state court rules

The Wisconsin Supreme Court has ruled that a dead woman’s earlier warnings that her husband may kill her can’t be used as evidence in his retrial for murder.

California nonprofit pushes states to make jury instructions more broadly available

Since his early days as a lawyer, Wisconsin criminal defense attorney Chad Lanning has been troubled that the state’s jury instructions were not freely available to the legal community or the general public. As Lanning rose to leadership in the Wisconsin Association of Criminal Defense Lawyers, he turned to Public.Resource.Org’s Carl Malamud for assistance in raising concerns about the issue.

Rambling remarks by Trump impeachment lawyer bewilder pundits

The second impeachment defense of former President Donald Trump got off to a slow start Tuesday.

Federal judge who said he would ‘crush’ plaintiff’s case prejudged her bias claims, 5th Circuit says

A federal appeals court has revived a plaintiff’s bias claim and removed U.S. District Judge Lynn Hughes of the Southern District of Texas from her case, citing remarks and actions indicating that he had prejudged the case.

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