ABA Journal

Trials & Litigation

19441 ABA Journal Trials & Litigation articles.

Top state court rules against public defender who sued ACLU for calling him ‘crooked’

A public defender is a public official who must prove actual malice in his defamation lawsuit against the American Civil Liberties Union for a blog post calling him “crooked,” the Georgia Supreme Court has ruled.

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.

Typo in 1928 Supreme Court opinion created ‘reign of error,’ law prof says

A tiny typographical error in a 1928 U.S. Supreme Court opinion had a big impact after it was picked up in subsequent opinions and used to bolster arguments for property rights, a law professor has found.

Breyer explains reason for late-night opinions, comments on once-secret summary reversal custom

U.S. Supreme Court Justice Stephen G. Breyer has shed light on late-night decisions on emergency requests in an interview with CNN.

In 2 summary reversals, Supreme Court rules for officers who kneed and shot suspects

In two summary reversals Monday, the U.S. Supreme Court ruled for police officers who kneed a suspect with a knife and fatally shot another man wielding a hammer.

Weekly Briefs: Lawyer censured over false time sheets; California law allows ‘stealthing’ suits

Lawyer censured for seeking no-show pay

Lawyer Laura Cail, of Rensselaer County, New York, has been censured for filing false time sheets to collect more than $12,000 for work that…

Lawyer accused of staging his own shooting now faces allegations of stealing settlement payout

Troubles continue to mount for well-connected South Carolina lawyer Alex Murdaugh, who faces new charges alleging he stole settlement money intended for the sons of his late housekeeper.

Murdaugh, 53,…

Once again, 5th Circuit keeps Texas abortion law in effect

Updated: The 5th U.S. Circuit Court of Appeals at New Orleans has once again kept Texas’ restrictive abortion law in effect—this time with a preliminary injunction pending an appeal.

US should investigate potential civil rights violations of jailed Capitol riot defendants, judge says

A federal judge found Washington, D.C., jail officials in civil contempt Wednesday for failing to promptly forward medical records of a U.S. Capitol riot defendant with a broken hand to federal officials who would approve surgery.

Family of Henrietta Lacks sues for nonconsensual use of her tissue sample and cell line

The estate of Henrietta Lacks has filed a lawsuit alleging that a biotechnology company is profiting from the unauthorized use of living tissue taken from the Black woman without her consent or knowledge in a 1951 operation for her cervical cancer.

Tree ordinance was an unconstitutional taking, 6th Circuit rules

A Michigan township’s ordinance requiring property owners to replace trees that they remove from their property or pay into a tree fund was an unconstitutional condition on their rights under the takings clause, a federal appeals court has ruled.

Fighting sanctions, county attorney cites ‘crushing’ caseloads, fed-up prosecutors and backlog of 1,000 cases

Hillsborough, New Hampshire, County Attorney John Coughlin told a judge Tuesday that prosecutors are overwhelmed with “crushing” caseloads of 150 cases per piece and a backlog of 1,000 cases in the Manchester, New Hampshire, office.

Judge who required jail visit for all arrested juveniles remains on bench after lawsuit payout

A tough-talking juvenile court judge in Rutherford County, Tennessee, established a policy requiring arrested elementary schoolchildren to be taken to the juvenile detention center for screening before charges were filed—even if the charges were minor.

Can a court reduce punitive damages below statutory cap? Supreme Court asks for solicitor general’s view

The U.S. Supreme Court on Tuesday sought the view of the U.S. solicitor general in a case in which a federal appeals court reduced punitive damages below a statutory cap.

What happens when lawyers make mistakes?

Mistakes. Also known as errors, blunders or, in my best legalese, boo-boos. They often keep us lawyers busy and sometimes even worried. What are they all about?

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