ABA Journal

Trials & Litigation

19574 ABA Journal Trials & Litigation articles.

Barrett is among 4 justices who would have blocked execution of inmate seeking death by nitrogen hypoxia

An Alabama inmate who sought execution by nitrogen hypoxia was put to death by lethal injection Thursday after the U.S. Supreme Court allowed the execution to proceed.

The word ‘he’ is ‘not the default universal personal pronoun,’ judge says

A Florida appeals judge used her dissent last week to criticize a lawyer who used a male pronoun to refer to her in court papers.

Lawyer kicked off LinkedIn for alleged self-promotional posts loses appeal of consumer fraud case

A New Jersey appeals court has affirmed the dismissal of a lawyer’s lawsuit against LinkedIn for kicking him off the platform.

DOJ’s Office of Legal Counsel says its prior opinion on ERA doesn’t bar Congress from acting

The U.S. Department of Justice’s Office of Legal Counsel says its prior opinion on the Equal Rights Amendment doesn’t bar Congress from taking further action on ratification because the issue would ultimately be decided by the courts.

Nonprofit sues over unauthorized practice rules that prevent free nonlawyer advice in debt cases

A lawsuit filed Tuesday contends that New York’s rules banning the unauthorized practice of law interfere with a First Amendment right by nonlawyers to provide free legal advice to debt collection defendants.

Corporate defense lawyers support federal rule changes said to help prevent ‘junk’ scientific testimony

Lawyers defending companies involved in mass tort litigation on Friday supported federal rule changes they think will help prevent the introduction of “junk” scientific testimony at trials, according to coverage by Reuters.

Judge lifts order barring 7 health care workers from jumping to new hospital

A Wisconsin judge on Monday lifted his prior order that temporarily barred seven health care workers from leaving their hospital in Neenah, Wisconsin, for new jobs in Appleton, Wisconsin.

Dissenting judge cites teen’s GPA and poor grammar to support need for parental consent for abortion

A Florida appeals judge is being criticized for a dissent in which he argued that a 17-year-old girl’s grades and poor grammar supported a trial judge’s refusal to allow an abortion without parental consent.

Defendants should get initial appearance before judge within 24 hours, report says

How long can a person be held in jail before seeing a judge or an attorney? The U.S. Supreme Court has never answered that question, which means that some arrestees are thrust into a “terrifying procedural limbo,” according to a study on the “initial appearance crisis.”

Weekly Briefs: Trump business misrepresented assets, New York AG says; judge apologizes for weed scolding

Trump testimony sought in business probe

New York Attorney General Letitia James has filed a motion to compel the testimony of former President Donald Trump, Donald Trump Jr. and Ivanka…

Impact of pretrial detention falls more heavily on minorities and low-income people, new report says

More than 60% of defendants are detained before trial because they can’t afford to post bail, according to a study finding that the impact falls most heavily on minorities and low-income people.

Challenge to Texas abortion law faces more delays after SCOTUS allows certified question

The U.S. Supreme Court on Thursday refused to block a federal appeals court’s decision to certify a question to the Texas Supreme Court regarding the challenge to the state’s abortion law.

Video testimony violated defendant’s Sixth Amendment right of confrontation, top state court rules

A recent decision on video testimony by the Missouri Supreme Court is raising questions about criminal convictions obtained using video testimony during the COVID-19 pandemic.

‘Opening the door’ rule violated defendant’s rights under Sixth Amendment’s confrontation clause, SCOTUS says

The U.S. Supreme Court ruled Thursday that a New York’s “opening the door” rule violated a defendant’s rights under the Sixth Amendment’s confrontation clause.

Judge who described pro-Trump lawyer as ‘mendacious or incompetent’ ruled too quickly, top state court says

A Delaware judge abused his discretion when he tossed a pro-Trump lawyer from a case without giving him an opportunity to respond to a show-cause order, the Delaware Supreme Court ruled Wednesday.

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