Evidence

En banc 9th Circuit nixes conviction of vet who wore unearned medals, cites free speech

A federal appeals court has nixed the criminal conviction of an Idaho man who served in the U.S. Marine Corps but never earned medals he later wore, including the Purple Heart. Finding a portion of the Stolen Valor Act unconstitutional under First Amendment standards, an 11-judge en banc panel of…

Jan 12, 2016 12:20 PM CST

BigLaw firm to review Chicago in-house team after police shooting defense verdict is struck

The longtime chief of a major Chicago-based international law firm has been put in charge of a third-party review of the conduct of a division of Chicago in-house lawyers. Announced last week, in the wake of a stunning civil rights trial loss, the review is to be headed by Dan…

Jan 11, 2016 11:50 AM CST

Does rule protect Bill Cosby’s wife from giving deposition testimony?

Legal experts are divided on whether and to what extent Bill Cosby’s wife, Camille, is protected from giving deposition testimony in a defamation suit against the comedian over his sexual-assault denials. Bill Cosby’s wife of 52 years, Camille, is appealing a federal magistrate’s order denying a motion to quash in…

Jan 11, 2016 6:15 AM CST

Bill Cosby won’t be charged in Los Angeles

Prosecutors in Los Angeles County have declined to charge Bill Cosby in two cases in which women claim he sexually assaulted them. Prosecutors said on Wednesday that charges are barred by the statute of limitations in one case, and the second case lacked sufficient evidence, report the New York Times…

Jan 7, 2016 12:16 PM CST

Will judge in Cosby criminal case allow similar rape claims as evidence?

Prosecutors who charged Bill Cosby with rape last month have some difficulties to overcome. The New Yorker points out the weaknesses. The case is old—the alleged rape occurred in 2004. The accuser waited a year to report the incident to police. The defense could argue she had a financial motive…

Jan 6, 2016 8:40 AM CST

Judge tosses $21.5M verdict for cruise-ship door injury, cites deleted emails

A federal judge in Seattle has vacated a $21.5 million verdict awarded to a man injured by a closing cruise-ship door in 2011, saying he deleted emails that should have been produced in discovery. U.S. District Judge Barbara Rothstein tossed the verdict for James Hausman on Monday and ordered a…

Jan 6, 2016 7:45 AM CST

Appeals court tosses suit against law firms that represented Ceglia in Facebook ownership claim

A New York appeals court has tossed a lawsuit that accused DLA Piper and two other law firms of malicious prosecution for representing a man who claimed a 2003 contract gave him a controlling interest in Facebook. The court ruled on behalf of the law firms DLA Piper, Milberg and…

Jan 4, 2016 11:06 AM CST

You can sue someone who broke into your email, but you’d better find proof fast

In August 2011, New York City teacher Chantay Sewell tried to log in to her AOL account and couldn't. Shortly afterward, a message making defamatory claims about her sex life went out from her email address. Seven months later, the same thing happened with her Facebook account.

Jan 1, 2016 3:30 AM CST

Behavioral economist’s work offers lessons for legal storytellers about judgment and decision-making

In these pages last May, Bryan Garner referenced the "halo effect" from behavioral economist Daniel Kahneman's 2011 book, Thinking, Fast and Slow.

Jan 1, 2016 2:20 AM CST

Ex-TV newswoman’s videos tell plaintiffs’ tales in personal injury cases

During a snowstorm in 2011, an 18-wheel tractor-trailer going 50 miles an hour slammed into Brian Benning's Toyota Sienna near Dakota, Illinois, a few miles from the Wisconsin border. The high school basketball coach suffered 27 broken bones and traumatic brain injuries, nearly losing his life. In the days just after the accident, a steady stream of surgeons, nurses and physical therapists were brought in—as well as former television news producer Gera-Lind Kolarik.

Jan 1, 2016 2:10 AM CST

Courts use special masters, mediation to help solve e-discovery issues

Robert Moore got an education during his time with a special master for e-discovery and electronically stored information.

Moore, the managing partner of Heaton and Moore in Memphis, Tennessee, was in the discovery phase of a wrongful death suit. He retained an information technology expert to find data requested by the plaintiff, but the plaintiff was not satisfied and a special master was appointed.

Jan 1, 2016 2:00 AM CST

Midsize corporations are slow to pick up on e-discovery innovations

Graphic by Stephen Ravenscraft This article originally appeared in the January 2016 issue of the ABA Journal with this headline: “Undiscovered Country: Midsize corporations are slow to pick up on e-discovery innovations.” • BDO Consulting’s full report (PDF)

Jan 1, 2016 1:40 AM CST

One-month suspension is recommended for prosecutor’s ‘joke gone awry’

A California bar court judge is recommending a 30-day suspension for a California prosecutor who said he was joking when he added an admission of guilt to a transcript. The prosecutor, Deputy District Attorney Robert Alan Murray, added the admission before sending the transcript to a deputy public defender, the…

Dec 29, 2015 5:45 AM CST

Lawyer gets client’s DWI charge tossed after discovering her rare affliction

Lawyer Joseph Marusak decided to investigate after his DWI client insisted she consumed only a few drinks on the day she registered a blood alcohol level that was four times the legal limit. Marusak, who practices law in Buffalo, New York, says he searched the Internet to see if there…

Dec 28, 2015 10:48 AM CST

Massachusetts law firm is accused of suing debtors without ‘meaningful attorney involvement’

Massachusetts Attorney General Maura Healey is seeking civil penalties against a debt-collection law firm accused of pursuing cases based on inaccurate or incomplete information. Healey filed a civil complaint last week against the firm, Lustig, Glaser & Wilson, according to a press release and the Boston Globe. The press release…

Dec 28, 2015 8:44 AM CST