ABA Journal

Trials & Litigation

19838 ABA Journal Trials & Litigation articles.

Lawyer disbarred with espionage conviction shouldn’t regain law license, ethics panel says

A lawyer disbarred because of an espionage conviction shouldn’t be reinstated to law practice because she hasn’t proven that she can be trusted or that her mental health issues have been resolved, a hearing panel has concluded.

Prosecutor seeking judgeship says he has ‘moved on’ since impregnating defendant

A Kentucky prosecutor who admitted to impregnating a criminal defendant and having an affair with a dismissed juror is now running for a circuit court judgeship.

Self-defense law doesn’t protect officer who shot at charging dog and injured child, top state court rules

A Kansas law allowing the use of deadly force against an aggressor does not protect people defending themselves who act recklessly and harm a bystander, the state’s top court has ruled.

Idaho abortion ban conflicts with federal law on emergency room treatment, DOJ suit says

The U.S. Department of Justice filed a lawsuit Tuesday contending that Idaho’s near-total ban on abortion conflicts with federal law requiring stabilizing emergency room treatment.

Clergy members contend Florida abortion law violates their religious freedom; 5 suits are filed

Seven clergy members have filed five lawsuits in Florida contending that the state’s abortion restrictions burden their religious beliefs, speech and conduct.

2nd Circuit partly rules for jury-nullification advocate challenging limit on protests near courthouses

A jury-nullification protester wasn’t able to persuade a federal appeals court that a New York law banning some protests near courthouses is unconstitutional on its face.

Lawyer flips the bird at opposing counsel after judge leaves the bench in Infowars host Alex Jones’ defamation case

A lawyer for Infowars host Alex Jones called an opposing lawyer a liar and raised his middle finger after a courtroom discussion last week in a defamation damages trial over false claims by Jones about the 2012 Sandy Hook shooting massacre in Newtown, Connecticut.

Federal judge’s $216K, contingency-fee separation agreement with county leads to public reprimand

A federal judge in South Carolina has received a public reprimand after entering into a separation agreement with his former county employer that paid him for future nonlegal advice and a 1.5% contingency fee for work on opioid litigation.

ABA urges Supreme Court to hear case of inmate convicted based on faulty DNA evidence

The ABA is urging the U.S. Supreme Court to hear the case of a Texas death row inmate who was convicted based on DNA evidence deemed to be “false, misleading and unreliable” by a state habeas court.

Forced Labor?

For decades, activists have been challenging what has become a widespread policy of paying little to nothing for work done by immigrant detainees. The October 2021 verdict in Nwauzor v. the GEO Group has been hailed as not just a success story but also a potential game changer for a practice advocates say violates civil rights.

4 principles of legal writing Bryan Garner learned from clerking at the 5th Circuit

“Whenever I’m writing, I always try to keep the Reavley principles in mind. Even though Judge Reavley wasn’t much interested in grammar, he taught me more about legal writing than anybody else.”

Gaming the System? Inside the ‘Texas two-step’ strategy profitable companies use to file for bankruptcy

In recent years, Purdue Pharma, USA Gymnastics and Boy Scouts of America have filed for Chapter 11 bankruptcy to avoid civil liability. But it is J&J’s use of a 1989 Texas statute on divisive mergers that is facing scrutiny in federal courts and in Congress.

Weekly Briefs: Go-between sentenced in law prof’s murder; $4.25B opioid settlement announced

Convicted go-between gets life sentence in law prof’s murder

Katherine Magbanua was sentenced Friday to life in prison without parole for acting as the go-between in the murder of…

5th Circuit revokes federal judge’s lifetime ban of prosecutor from his courtroom

A federal judge who made “demeaning” and “inappropriate” remarks in the presence of a female federal prosecutor has gotten another scolding after permanently banning her from his courtroom.

Self-described ‘lottery lawyer’ is found guilty in scheme to defraud his lottery-winner clients

A former Rivkin Radler partner who marketed himself as the nation’s leading lottery lawyer was convicted Tuesday for defrauding his winning clients.

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