Trials & Litigation

19146 ABA Journal Trials & Litigation articles.

‘Professional exonerators’ contributed to more than 60% of last year’s exonerations
Conviction integrity units and innocence organizations are contributing to an increasing number of exonerations over time, according to the National Registry of Exonerations.
Artificial intelligence has made great inroads, but hasn’t yet increased access to civil justice
Afternoon Briefs: Defamation suit against Trump proceeds; 4th Circuit upholds terrorist watch list

Trump has to face defamation suit

Donald Trump has lost his bid to delay a defamation suit that was based on his status as president. The New York Court of…

Reluctant trial witnesses should disclose vaccination status to judge, motion says
Witnesses who want to avoid in-person testimony at an upcoming trial should disclose their vaccination status and explain their bid to testify remotely, according to a motion filed in a suit alleging retirement-plan mismanagement.
Prof who refused to use transgender student’s preferred pronouns can pursue suit, 6th Circuit rules
The Cincinnati-based 6th U.S. Circuit Court of Appeals has reinstated a First Amendment lawsuit by a public college professor in Ohio who violated school policy by refusing to use a transgender student’s preferred pronouns.
Afternoon Briefs: Georgia voting restrictions challenged; judge charged with terroristic threats

News Roundup

Election lawyer sanctioned $10K; judge says she ‘bamboozled’ voters who didn’t realize they were plaintiffs
A Minnesota judge said Friday he would impose a $10,000 sanction on an election lawyer who “bamboozled” voters into becoming plaintiffs.
Amy Breihan has dedicated her career to helping juvenile lifers seek parole

It’s been nearly nine years since the U.S. Supreme Court ruled in Miller v. Alabama that mandatory life without parole for juveniles violates the Eighth Amendment. It’s been five years since it held in Montgomery v. Louisiana that its 2012 decision was retroactive. In that time, Amy Breihan has helped seek second chances for prisoners in Missouri who were younger than age 18 when they were sentenced to life behind bars.

Afternoon Briefs: No-mask lawyer’s lawsuit tossed; suit alleges 60-plus mistaken-identity arrests

Judge tosses case for lawyer’s refusal to wear mask

Judge Lawrence Knipel of New York City has tossed a car-crash lawsuit because of a lawyer’s refusal to wear a face…

Supreme Court reinstates murder conviction, says 6th Circuit ignored ‘ample evidence’
The U.S. Supreme Court on Monday reinstated the murder conviction of a Tennessee death-row inmate accused of killing a motel maid, ruling that a federal appeals court had relied on a “fanciful theory” to grant him a new trial.
The pandemic has not slowed down Howard Bashman of How Appealing

Howard Bashman of How Appealing discusses blogging during COVID-19 and how appellate work in Pennsylvania has changed in the pandemic.

Afternoon Briefs: State supreme court limits use of bail; prosecutors in this state may face stricter discipline

California judges must consider defendant’s ability to pay when setting bail, ruling says

The California Supreme Court ruled Thursday that it is unconstitutional to keep criminal defendants behind bars simply…

Voluntarily intoxicated rape victims aren’t ‘mentally incapacitated,’ top state court rules
Victims who willingly consume alcohol or drugs before they are sexually assaulted aren’t “mentally incapacitated,” the Minnesota Supreme Court ruled Wednesday.
Secret camera recordings can be used against nanny at trial, state supreme court says
A divided Pennsylvania Supreme Court ruled Thursday that secretly recorded audio can be used against a nanny accused of assaulting three young children.
Plenty of options when it comes to litigation fact management software
If you’re a litigation attorney, you know how complicated and fact-laden your cases can be. Because there are often multiple attorneys and firms, large lists of parties, witnesses, experts and hundreds upon thousands of pages of relevant documents, managing a case file on your own can be difficult. Add a legal team to the mix—whether it consists of other attorneys, paralegals, administrative assistants or others—and it can be increasingly challenging to manage a case from start to finish.

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