Evidence

Jail Officials Recorded Inmate Threats to Murder Police But Did Nothing to Stop Him, Attorney Says

Jailhouse monitoring of prisoners’ phone conversations has previously ignited controversy from opponents of the practice over claimed violations of attorney-client privilege and inmates’ constitutional rights. But a planned $134 million lawsuit announced today in Washington state contends that officials in Pierce County haven’t been listening closely enough to prisoner phone…

Apr 9, 2010 12:06 AM CDT

Watch the Video: Would-Be AG Says She’s Qualified Despite Zero Trial Experience

A deposition that has made headlines in Connecticut–especially after counsel for the deponent, secretary of state and would-be Democratic attorney general candidate Susan Bysiewicz, briefly sought a protective order to prevent disclosure of the transcript and video of the three-day session–has now been made public. As her testimony on March…

Apr 8, 2010 8:40 PM CDT

Man Convicted of Being Naked at Home Wins Appeal of Indecent Exposure Case

Late last year, a judge convicted Erick Williamson of misdemeanor indecent exposure after two women complained that they had seen him standing naked in a window or doorway of his Virginia home. But, arguing that he had a right to walk around in the buff in his own home, the…

Apr 7, 2010 10:53 PM CDT

Debit Card Linked to Trust Account Led to Lawyer’s Disbarment

Anticipating a fee dispute after his law partners terminated his secretary last August, Garland Clifton “Gary” Hall III began withdrawing funds from a Chenault Hammond & Hall account to cover money to which he would be entitled for his commercial bankruptcy work. But there was one big problem. The firm’s…

Apr 7, 2010 4:48 PM CDT

Gucci Discovers In-House Lawyer Held Inactive Status, Says Privilege Still Applies

Gucci’s discovery that one of its in-house lawyers was on inactive status has complicated its trademark infringement suit filed against Guess. Gucci fired Jonathan Moss in March after learning that he had been on inactive status since beginning work in the company’s legal department in 2003, according to a memorandum…

Apr 7, 2010 1:54 PM CDT

Judge Finds No Bad Faith by Qualcomm Lawyers, Lifts Discovery Sanctions

A federal magistrate has lifted discovery sanctions against six outside lawyers for Qualcomm, finding insufficient evidence of bad faith. U.S. Magistrate Judge Barbara Major made the finding after the lawyers were allowed to break attorney-client privilege to defend their actions, the Recorder reports. In an April 2 order (PDF posted…

Apr 7, 2010 11:00 AM CDT

Effort to Fine Toyota $16.4M Could Speed Up Plaintiffs’ Discovery in Acceleration Cases

A record fine of $16.4 million that the National Highway Traffic Safety Administration is seeking to impose on Toyota Motor Corp. will probably help the plaintiffs in hundreds of lawsuits filed against the company over alleged sudden acceleration issues and other vehicle concerns, even though the fine isn’t expected to…

Apr 6, 2010 5:53 PM CDT

Gibson Dunn Finds a Misspelled Name, Uncovers Claim of Doctored Report

Gibson Dunn lawyers who noted that an expert witness had apparently misspelled his own name in letters to an Ecuadorean court believe the finding may have helped uncover evidence of fraud. The suspicious lawyers represent Chevron in an environmental lawsuit accusing the energy company of damaging the Ecuadorean rain forest,…

Apr 6, 2010 4:47 PM CDT

Judge Orders Artist and His Lawyers to Disclose Deleted Files and the Persons Responsible

A federal judge has ordered artist Shepard Fairey and his new lawyers in a copyright suit to disclose records that were destroyed, when it happened, and the persons responsible. U.S. District Judge Alvin Hellerstein ordered the disclosure on Monday in a copyright dispute over Fairey’s right to use an Associated…

Apr 6, 2010 2:03 PM CDT

7th Circuit Rules Sidley’s Interview Notes in School Probe Are Privileged

Sidley Austin won’t have to turn over its notes and memos from its investigation of alleged sexual abuse at a suburban Chicago school district. The Chicago-based 7th U.S. Circuit Court of Appeals found the documents were protected by the attorney-client privilege and the work product doctrine, the National Law Journal…

Apr 2, 2010 3:34 PM CDT

Attorney Charged with 28 Felonies Over Alleged Role in ‘Phantom Menace’ Auto Insurance Scam

A Los Angeles lawyer has been charged with 28 felony counts for allegedly participating in an insurance scam involving the staging of accidents in order to collect fraudulent payouts. Susana Ragos Chung, 59, is accused of hiring Norberto “Chito” Mora to recruit drivers and passengers and stage Northern California accidents.…

Apr 1, 2010 6:34 PM CDT

Judge Who Married Woman to Domestic Case Defendant Cites ‘Catholic Conscience’

A Maryland judge who dismissed a domestic abuse case after marrying the defendant to the woman he was accused of beating and kicking now says his “Catholic conscience” urged him to “legitimize their relationship.” However, it would have been better to have another judge actually perform the marriage, said District…

Apr 1, 2010 5:06 PM CDT

The Maricopa Courthouse War

An Arizona showdown over populist politics, abuse of power and pink boxer shorts

Apr 1, 2010 9:45 AM CDT

A Panel of Their Peers

Lawyers puzzle over civilian versus military juries

Apr 1, 2010 7:20 AM CDT

Ex-Judge Spends Night in Jail in Reckless-Driving Case

A former Michigan judge who was removed from the bench in a June 2008 state supreme court opinion (PDF) spent a night in jail over the weekend after a reckless driving arrest before being freed on $5,000 bond. After initially being arrested Saturday on suspicion of drunken driving, Beverly Nettles-Nickerson…

Mar 29, 2010 8:12 PM CDT