ABA Journal

Trials & Litigation

19770 ABA Journal Trials & Litigation articles.

Murder conviction of former Fisher Phillips partner is reversed; he claimed wife’s shooting was an accident

The Georgia Supreme Court has reversed the murder conviction of former Fisher Phillips partner Claud Lee “Tex” McIver III because the trial judge failed to allow jurors to consider a lesser misdemeanor charge.

What are abortion trigger laws, and where do they stand?

Less than a week after the U.S. Supreme Court overturned Roe v. Wade, more than a dozen states have already or plan to soon ban abortion in most cases. Here’s what we know so far about where abortion bans stand in these 13 states and in other states that have laws targeting the procedure.

Top California court will consider employer liability for take-home COVID-19 infections

The California Supreme Court has agreed to decide whether state law permits lawsuits against employers when workers contract COVID-19 and bring the virus home to relatives.

Litigation over abortion bans begins at state level; judges block laws in 5 states

Updated: Supporters of abortion rights are taking their battle to state courts after the U.S. Supreme Court overturned Roe v. Wade on Friday.

Winning SCOTUS litigators say Kirkland gave them a choice: Abandon gun clients or leave

The appellate litigators who established a Second Amendment right to carry guns outside the home in the U.S. Supreme Court are leaving Kirkland & Ellis because of a decision by the law firm.

Miranda violation doesn’t give rise to civil claim for damages, SCOTUS rules

The U.S. Supreme Court ruled 6-3 Thursday that a certified nursing assistant who made an incriminating statement during an interrogation can’t sue the sheriff’s deputy who questioned him without a Miranda warning.

5th Circuit tosses NAACP suit against Mississippi prosecutor accused of racial bias in jury selection

A federal appeals court has ruled that a local NAACP chapter and four Black plaintiffs have no standing to pursue a lawsuit alleging that a Mississippi prosecutor showed a pattern of racial bias during jury selection.

Federal appeals court tosses injured lawyer’s Fourth Amendment claim against ICE agent

An agent with U.S. Immigration and Customs Enforcement has qualified immunity from a Fourth Amendment claim in a lawsuit filed by an injured lawyer, a federal appeals court has ruled.

SCOTUS rules against death row inmate seeking neurological test to show ineffective lawyering

The U.S. Supreme Court ruled 5-4 Tuesday that a federal court can’t order a state to transport a death row inmate to a medical facility for testing without a showing that the information sought would be useful in the prisoner’s habeas case.

Families of criminal defendants are scammed by con artists watching Zoom hearings

Scammers posing as prosecutors and court personnel are watching Zoom hearings and collecting money from families of criminal defendants who want to win release of their loved ones.

Reed Smith’s pro bono report expresses ‘grave’ concerns about death row inmate’s conviction

A lawyer for an Oklahoma inmate plans to seek a stay of execution after Reed Smith released a report on its independent investigation of the case, undertaken pro bono at the request of a bipartisan group of more than 30 state lawmakers.

Federal judge must reevaluate high school’s ban on T-shirts with gun images, 7th Circuit says

A federal appeals court has ruled that a judge applied the wrong legal standard when he tossed a student’s challenge to his high school’s ban on T-shirts with gun images.

Part of lawsuit alleging gender discrimination at University of Texas at Austin gets past summary judgment

A federal judge recently ruled that an Equal Pay Act claim filed against the University of Texas at Austin by a female law professor is allowed to go forward.

If DOJ prosecutes Trump, what charges could it bring? Experts consider possibilities

Updated: Information revealed in the congressional hearing into the Jan. 6, 2021, U.S. Capitol riot could serve as the basis for a criminal investigation by the U.S. Department of Justice of former President Donald Trump, some experts say.

Woman who jumped into canal to save dog can’t sue under rescue doctrine, top state court rules

A woman who suffered neurological and cognitive injuries after jumping into a canal to save a dog can’t recover damages from its owners under the rescue doctrine, the New Jersey Supreme Court has ruled in a unanimous decision.

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