ABA Journal

Discovery

52 ABA Journal Discovery articles.

Arnold & Porter ‘slipped’ discovery documents into database without notice, referee says

Arnold & Porter Kaye Scholer “slipped” discovery documents into a federal multidistrict litigation database without notifying plaintiffs in a New York state opioid trial, according to a court referee who recommended monetary sanctions.

Infowars host who called Sandy Hook shooting a ‘giant hoax’ loses suits because of discovery abuse

Infowars host and conspiracy theorist Alex Jones is liable by default in three defamation lawsuits filed over his claims that the December 2012 mass shooting at the Sandy Hook Elementary School in Newtown, Connecticut, was a “giant hoax.”

Appeals court vacates $1,000-per-day sanction against BigLaw lawyer

The Illinois Appellate Court's Second District has vacated a $1,000-per-day sanction imposed against a Winston & Strawn lawyer who refused to turn over emails in discovery in expectation of a contempt order that would allow for an appeal.

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.

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