Trials & Litigation

Manslaughter Case Against Company Over ‘Big Dig’ Accident Continues

In an unusual and much-watched manslaughter case against one of the companies working on the controversial “Big Dig” tunnel project in Boston, a Massachusetts judge refused yesterday to dismiss the criminal charge. Defendant Powers Fasteners Inc., which is the only contractor charged in the manslaughter case, had contended that the…

Dec 19, 2007 6:31 PM CST

New Suit in Duke Lacrosse Rape Case

The fallout continues over a botched investigation and prosecution of an escort service dancer’s allegations—eventually determined to be false—that she was gang-raped in March 2006 by former members of the Duke University men’s lacrosse team. Three former team members who were never charged in the case have filed a 400-page…

Dec 19, 2007 5:15 PM CST

$1.2M Paid in R.I. Lead Paint Suit

More than two years after DuPont agreed to pay $12 million and clean up 600 homes in order to settle a lead paint lawsuit brought by the state of Rhode Island, the first of the money is being distributed. Several children’s health and educational projects will split $1.2 million of…

Dec 18, 2007 11:26 PM CST

Oops—Judge Wasn’t Sworn In, So Cases Must Be Retried

In an effort to ease a backlog of cases, an Australian court recently amped up its roster of magistrate judges, adding a part-time jurist. Unfortunately, no one remembered that George Wilkie had to be sworn in before he heard five cases in Southport Magistrates Court on Nov. 28. That means…

Dec 18, 2007 10:58 PM CST

Kinder, Gentler Collaborative Divorce Also Costs Less

A kinder, gentler method of getting divorced has won fans among both clients and counsel. But it has yet to win over some traditionalists, who wonder, for instance, why collaborative divorce must include a promise not to litigate. (Those who violate the ban on courtroom battle have to start over…

Dec 18, 2007 8:48 PM CST

Mayer Brown Partner Sued—and Charged—by SEC in Refco Case

Updated:: The SEC filed civil and criminal cases today against a partner at Mayer Brown, accusing him of helping one of the world’s biggest commodities brokerages hide from investors information about debt that it was owed and related transactions. Joseph P. Collins, 57, allegedly helped Refco Group Ltd. and its…

Dec 18, 2007 6:36 PM CST

Law Firm May Be Liable for Earlier Errors

A divided California appeals court has upheld a malicious prosecution claim against a law firm that apparently resulted from conduct of the plaintiff’s lead counsel. LaFave & Rice argued, essentially, that it didn’t know of alleged defects in the case, which was filed by another law firm, but the panel…

Dec 18, 2007 6:10 PM CST

New Defense Warning: Don’t Brush?

Don’t talk to police. Don’t talk to your cellmate. And, whatever you do, don’t brush your teeth. This could soon be standard advice from criminal defense lawyers to clients, if a recent Illinois evidentiary ruling is any indication. An accused rapist who refused to give a DNA sample has nonetheless…

Dec 18, 2007 5:26 PM CST

Museums’ Suit Says They Rightfully Own Two Picassos

Two New York museums are asking a court to declare them the rightful owners of two Picasso paintings claimed by a German man who says they were sold under duress during the Nazi regime. Julius Schoeps claims he has a right to the paintings once owned by his great-uncle Paul…

Dec 18, 2007 3:48 PM CST

Airline Group Wants to Block Passenger Bill of Rights

A trade group for the airlines plans to ask a federal judge to block a New York law requiring food, water and other services to passengers sitting in a grounded airplane for more than three hours. The law requires airlines in such situations to give the waiting passengers “fresh air…

Dec 18, 2007 2:52 PM CST

Senate Vote Delayed on Telecom Immunity for Wiretaps

A bill to give telecommunications companies immunity for aiding the government’s secret surveillance program won’t be considered in the Senate until after the holiday break. Senate Majority Leader Harry Reid of Nevada said there were too many competing amendments and too little time to consider them before the recess, the…

Dec 18, 2007 2:36 PM CST

November a Big Month for Law School Lawsuits

In the last month alone, law students have filed at least four lawsuits against their schools, prompting the National Law Journal to question the reason for the flurry of litigation. David Van Zandt, dean of Northwestern University School of Law and president of the American Law Deans Association, said the…

Dec 18, 2007 2:12 PM CST

Obama Played ‘Strong, Silent Type’ in Court

Presidential contender Barack Obama, known for his oratorical skills, played the “strong, silent type” when he was practicing law, according to a feature Monday in the Chicago Sun-Times. The paper reviewed cases Obama worked on while he was at Miner Barnhill & Galland and found that other than making introductions,…

Dec 17, 2007 4:47 PM CST

Congress, DOJ Clash re CIA Videotapes Probe

Congress and the Department of Justice apparently may be headed for a showdown over the issue of whose investigation takes precedence concerning videotapes of al-Qaida interrogations destroyed by the CIA. Members of the House Intelligence Committee reacted angrily yesterday to a Justice Department request that the committee postpone their investigation…

Dec 15, 2007 9:47 AM CST

Kansas AG in Sex Scandal Resigns

The attorney general of Kansas, who has been embroiled in a sex scandal that also raises significant legal ethics issues, announced today that he will resign from office effective at the end of January. At that point, he will have been in office barely one year. “Many people feel betrayed…

Dec 14, 2007 10:59 PM CST