ABA Journal

Discovery

41 ABA Journal Discovery articles.

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.

Judge sanctions lawyer and client $150K, citing ‘mountain of evasiveness’ and ‘outright lies’

A Texas judge has ordered a Houston-area lawyer and his client to be jointly sanctioned $150,000 for the client’s “outright lies” in litigation and “a mountain of evasiveness” in discovery.

Tales of double-crossing, big egos and cattle brands swirl around Gerry Spence lawsuits

Over the years, many attorneys shelled out thousands of dollars to spend three weeks in a converted Wyoming cattle ranch described as “spartan,” with no cellphone service, so they could listen and learn from the self-proclaimed “greatest trial lawyer in history.” From all over the country, lawyers came to the Trial Lawyers College to learn from Gerry Spence, the famed litigator who claims to have never lost a criminal case.

BigLaw firm’s acquisition will produce largest information and discovery law practice in US

Nelson Mullins Riley & Scarborough is joining with the Redgrave law firm to produce the nation’s largest and most comprehensive information and discovery law practice, the law firms announced Tuesday.

Afternoon Briefs: Breonna Taylor grand jury recordings will be released; another firm pays special bonuses

Kentucky AG will release Breonna Taylor grand jury recordings

Kentucky Attorney General Daniel Cameron has said he will comply with a judge’s order to release a recording of grand jury…

ABC’s ‘Judd, for the Defense’ and discovery obligations through the years

For this installment in my column, I initially set out to write one of my “look back” pieces on a legal-centric television show focused on a prosecutor. Initially, my pick was Jake and the Fatman. If nothing else, I love the show’s title. The series was in syndication from 1987 until 1992, but I couldn’t find a full episode anywhere. It’s not streaming, and it’s not on YouTube, Dailymotion, or any of my other usual go-to video aggregators. I’ll keep looking, but until then, I had to change course a bit.

Incensed judge orders every federal prosecutor in Manhattan to read her decision

U.S. District Judge Alison J. Nathan of the Southern District of New York is so incensed by government conduct in the prosecution of an Iranian businessman that she has ordered every federal prosecutor in Manhattan to read her decision criticizing the prosecution failures.

Lawyer who allegedly lied about health for deadline extensions should be suspended, hearing board says

An Illinois lawyer, who reportedly lied and said he had cancer—when he did not—and instead was looking for discovery deadline extensions, is facing potential suspension from the practice of law. He also allegedly lied about having cancer on his University of Chicago Law School application.

Afternoon Briefs: State files 100th lawsuit challenging Trump policies; 2 more firms reverse pay cuts

California files 100th suit against Trump administration

California and 21 other states have filed a lawsuit challenging a Trump administration rule that curtails the scope of environmental reviews conducted to…

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