Trials

The litigation over the right to trial by combat in New York rages on!

While TJSL won the battle in court, they lost the war.

* Kimberly Kitchen, the woman who was parading around and pretending to be a lawyer for a decade before she was caught in the act, was recently convicted of forgery, unauthorized practice of law, and felony records tampering. On the bright side, at least she doesn’t have six figures worth of law school debt to worry about right now. [WSJ Law Blog]

* President Obama published an op-ed in praise of SCOTUS nominee Merrick Garland on AL.com, pleading with Alabamians to let their senators know that it’s their duty to give Scalia’s would-be replacement a hearing and a vote, lest we “jeopardize our system of justice, hurt our democracy, and betray the vision of our founding.” [AL.com]

* Who is the real Merrick Garland? Not only does he have a “résumé that makes you want to cry,” but he’s also a pretty endearing gent. He used to want to be a doctor, he loves singing show tunes, and he was once so nervous when officiating a wedding that he began the ceremony before the bride even walked down the aisle. [New York Times]

* “We are heartened by this development and look forward to the Committee making this request directly … as is standard practice.” Republicans may be willing to accept Merrick Garland’s nominee questionnaire, but the White House has yet to receive one from Senate Judiciary Chairman Chuck Grassley or Senator Patrick Leahy. [BuzzFeed]

* Judge Pamela A.M. Campbell, who presided over Hulk Hogan v. Gawker, has had more decisions reversed on appeal than any other judge in her county, but “a judge who’s not afraid to make a decision and a not afraid to be reversed, is quite naturally going to be reversed more, and that doesn’t mean the judge is not a good judge.” [Tampa Bay Times]

* A judge has ruled that Ropes & Gray, the firm that once represented ex-New England Patriot Aaron Hernandez, must turn over the murder convict’s cellphone to his new attorneys so they can analyze it for his defense in the double murder case he’s being prosecuted for by the Suffolk County DA’s Office in Massachusetts. [Boston Herald]

You've just made Donald Trump very, very angry.

As every experienced trial lawyer knows, expect the unexpected at trial.

An interesting look inside the reasons why the jurors in this case reached a verdict in favor of Thomas Jefferson School of Law.

Which side prevailed in this historic trial?

The behind-the-scenes story of the star athlete's legal battle against the NYPD.

This case is not about an entitled millennial brat trying to play victim. It’s about a corporation allegedly doing horrible things to people for financial gain.

How do you teach visually and avoid the negative aspects that are associated with PowerPoint to create a persuasive opening/witness exam/closing?

* WHATCHA GONNA DO, BROTHER, WHEN THIS JURY’S PUNITIVE DAMAGES AWARD RUNS WILD ON YOU?!? Gawker was hit with an additional $25M in punitive damages yesterday in Hulk Hogan’s sex-tape lawsuit, on top of the $115M award the jury had already slapped the media company with last week. That loud typing sound you hear is the appeals being furiously written. [Reuters]

* They were gonna grant you leave to file, but then they got high? The Supreme Court has puff, puff, passed on the opportunity to hear a challenge posed by Nebraska and Oklahoma to Colorado’s legalization of marijuana. Justices Thomas and Alito dissented, contending that the case fell within the Supreme Court’s original jurisdiction. [NPR]

* This took longer than the iOS 9 download: Hot on the heels of the announcement of new Apple products, we got the news that the tech giant and its rival, Samsung, will face off next term before SCOTUS in a patent case that’s been going on since the iPhone 4 was still considered the latest and greatest in smartphone technology. [WSJ Law Blog]

* “Once you start seeing leading law firms offering this, it’s going to become more prevalent and pretty rapidly, because it’s going to be required to compete.” Lawyers with law school debt will probably jump at the chance for their firms to pitch in to repay their loans, but don’t forget, all of that assistance will be taxable as income. [U.S. News]

* “My job is to enforce the law, and starting today, DraftKings and FanDuel will abide by it.” In a settlement reached with New York AG Eric Schneiderman, the sports betting daily fantasy sites will cease operations in the state, and in exchange, the AG will hold off on additional litigation that could force them to pay restitution to their losers. [ESPN]

* What’s the difference between the late Justice Antonin Scalia and Chief Judge Merrick Garland, his potential replacement? “[He] always sounds the same. Most of the time, he is very even-toned, not aggressive.” For starters, Scalia’s dissents were usually fiery and entertaining, while Garland’s dissents tend to be very respectful and courteous. [Washington Post]

* “[T]here were errors and flaws in the way Thomas Jefferson carried out their research.” An expert retained by Anna Alaburda in her suit against Thomas Jefferson Law testified that the methods the law school used to collect grads’ job data were improper and could have caused some inaccurate info to be reported. [Courthouse News Service]

* Donald Trump’s presidential campaign — and his path to the White House — may be interrupted by a pesky fraud trial over his now defunct real estate school. The Donald will likely be asked to testify by New York AG Eric Schneiderman, and if he pleads the Fifth, it could have YUGE implications on his defense strategy. [WSJ Law Blog]

* “When someone — or something — is going away, there are usually some people that want to get it before it goes away, for whatever reason.” Racist memorabilia? Harvard Law is trying to quickly eliminate all ties to its controversial shield, but its bookstore will be slowly selling off all remaining merchandise bearing the symbol. [Boston Globe]

* “The average graduate cannot expect to make enough in the years following graduation to even hope to make a dent in the student loans they take on from going to law school. And that’s if they can even pass the bar and find a job as an attorney.” Law profs face buyouts, but their students aren’t in a much better position. [Northwest Indiana Times]

* “In 2 to 4 years, a University administration will shut down a top law school and we may never see it coming.” Uh-oh! Is a top law school really going to close? This law professor seems to think so, and she’s pointing the finger at Minnesota Law, which has been experiencing a slew of financial troubles due to its enrollment issues. [Forbes]

* “The employment numbers were very high in a huge economic downturn and it just felt suspicious. I decided to stand up for myself and others.” Anna Alaburda, who sued Thomas Jefferson School of Law over its allegedly deceptive job statistics, took the stand this week, where she spoke about her failed legal career. [Courthouse News Service]

* “The record number of deals in 2015 is a reflection of the intense competition among law firms for new work, and we expect the market to remain hot in 2016.” Oh boy! If you think 2015 set a merger record, you ain’t seen nothing yet. We should apparently be expecting even more law firm merger mania this year. [Chicago Daily Law Bulletin]

* Why on earth would a partner leave a firm like Munger Tolles, with profits per partner of $1.9 million, to go to a firm like Dentons, with profits per partner of $680,000, a considerably lesser amount? What’s in that Biglaw behemoth’s special sauce that’s so amazing? It’s the “irresistible” opportunities. [Big Law Business / Bloomberg BNA]

* As many of our readers have had the displeasure of experiencing firsthand, law school tuition can be absurdly expensive. If you’re wondering which school took home the prize of being the most expensive for the 2015-2016 school year, it’s Columbia Law, with a shocking sticker price of $62,700. Ouch, that’s painful. [U.S. News & World Report]

What do we talk about when we talk about "hard work"?

Some practical pointers from legal technology columnist Jeff Bennion about how to use Microsoft Excel during depositions or at trial.

Did anything even happen if it isn't incessantly documented with pics and videos?

If you get in a fight and are the victor -- meaning the other guy gets hurt worse -- whether he started it or not, you'll likely be the one to get arrested.

What did your law school's job statistics used to look like? Probably just as bad as the stats now being litigated in court.

* According to a statement filed in court by 50 Cent, the cash the bankrupt rapper has been flashing in all of his Instagram photos isn’t real. He claims the bills he was posing with were just props. Unfortunately, it seems that Fiddy is a wanksta, so he really needs to stop fronting. [Hartford Courant]

* Not that she was a likely choice to begin with, but AG Loretta Lynch says that a Supreme Court nomination would “curtail her effectiveness in her current role,” and has graciously asked that she not be considered for the vacancy left by Justice Antonin Scalia. [Associated Press]

* “I am very concerned about the harm caused to the law school, our students, and our alums by the inaccurate info being put out there.” Dean Michael Schwartz of Arkansas School of Law (Little Rock) seems worried about Professor Robert Steinbuch’s FOIA lawsuit seeking access to the school’s admissions data. Wonder why… [Campus Reform]

* From the Big House to the White House: more ex-convicts are heading to law school and successfully starting their lives anew. Christopher Poulos, for example, used to be a cocaine dealer who did time in federal prison, but he recently completed an internship with the White House Office of National Drug Control Policy. [Washington Post]

* “I never had a problem with the article. My problem is the videotape. It’s on the Internet. It lives forever.” Hulk Hogan (aka Terry Bollea) took the stand yesterday in his invasion-of-privacy case against Gawker, and his testimony became “extremely explicit” as his sex life and sex organs were discussed at length and in detail. [USA Today]

Let this be a lesson to you all.