Civil Procedure

1002 ABA Journal Civil Procedure articles.

Judge dismisses Trump from climate change suit, says case can go to trial

A lawsuit blaming the federal government for failing to take action to stop climate change can proceed to trial, but the plaintiffs must proceed without President Donald Trump as a…

DoNotPay app aims to help users sue anyone in small claims court—without a lawyer
Updated: A new update to an existing chatbot app promises to allow users to "sue anyone in small claims court for up to $25,000 without the help of a lawyer," though early users warn of technical bugs and legal and ethical concerns.
Let’s trash ‘data dump’ litigation ploys

Lawyers become their own worst enemies when they abandon reasonable discovery compromise to chase the ever-elusive smoking gun. A second misconception that has to go is that only the manual review of produced documents will suffice.

Chemerinsky: Another blockbuster Supreme Court term is ahead

At this point, review has not been granted in any cases involving abortion rights, affirmative action, campaign finance law, or gay and lesbian rights. But there are potentially important rulings about many different areas of law.

Judge cites consumer agency’s structure in tossing suit accusing firm of misleading 9/11 responders

New York’s attorney general will have to use state courts if the office wants to pursue RD Legal Funding, a company that provides advances to people expecting settlement money, a…

DNC lawsuit against WikiLeaks served via Twitter

The Democratic National Committee has used Twitter to serve a lawsuit against WikiLeaks that accuses the website of participating in a conspiracy to hack into DNC emails and denigrate…

11th Circuit rages against ‘incomprehensible’ shotgun complaint, concludes lawyer’s intent was delay

A federal appeals court is shining a light on so-called shotgun complaints in an order asking a lawyer to show cause why he shouldn’t be sanctioned.

The Atlanta-based 11th U.S.…

Ex-BigLaw partner’s suit over mandatory retirement policy is felled by collateral estoppel doctrine

A St. Louis federal judge has dismissed an age bias suit filed by a former Armstrong Teasdale partner who claimed the firm’s mandatory retirement policy violated the federal Age Discrimination…

4th Circuit rejects Posner appeal, says judge saw futility in client’s bid to amend suit

A federal appeals court decided it didn’t need oral arguments to dispense with an appeal filed by former Circuit Judge Richard Posner on behalf of a one-time pro se litigant.

Supreme Court refuses stay in youths’ climate change suit, while offering advice to trial court

The U.S. Supreme Court on Monday refused to stay a lawsuit filed on behalf of 21 youths who claim a right to a climate capable of sustaining human life.

The…

What is an emolument? Judge gives term a broad definition in refusing to toss lawsuit against Trump
A federal judge in Maryland has denied another motion seeking to dismiss a lawsuit that claims President Donald Trump accepted unconstitutional emoluments through the Trump Organization’s ownership of the Trump International Hotel in Washington, D.C.
Trial on fetal burial law begins with judge’s defense of his motives
A trial on the constitutionality of a Texas fetal remains burial law began Monday with a federal judge proclaiming that he has “no predisposition” in the case.
Federal judge temporarily halts deportations of reunified immigrant families

U.S. District Judge Dana Sabraw granted a motion for a temporary restraining order by the ACLU after the group cited concerns that the government would quickly deport the families without oversight or due process.

Judge orders stop to blanket detention of asylum seekers at 5 locations
A federal judge in Washington, D.C., has temporarily barred blanket detentions of people seeking asylum based on a credible fear of persecution in their home countries.
Supreme Court strikes down one legislative district in Texas as racial gerrymander, upholds others
The U.S. Supreme Court on Monday struck down one state legislative district in Texas as a racial gerrymander, but upheld several other redrawn districts, including two federal congressional districts.

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