Smith | Judiciary.org

Supreme Court

Special Counsel Jack Smith revises indictment against Trump

Just under two months after a divided Supreme Court ruled that former presidents have broad immunity from prosecution for their conduct in office, Special Counsel Jack Smith charged former President Donald Trump in a revised indictment alleging that Trump conspired to overturn the results of the 2020 election.

The court’s July 1 ruling, written by Chief Justice John Roberts, held that former presidents can never be prosecuted for actions related to the core powers of their office. Moreover, the … Read the rest

Civil Law

Smith v Fonterra: A Climate Change Litigation Development

The Supreme Court of New Zealand recently overturned strike-out decisions to allow climate change claims (involving a new climate tort) to proceed to trial.

Background

In 2022, Michael Smith, a Māori tribal elder and the climate change spokesman for the Iwi Chairs Forum, a national forum of tribal leaders, brought proceedings against seven corporate defendants, alleging that they were collectively responsible for one-third of New Zealand’s greenhouse gas emissions in 2020-2021.

Mr Smith sought a declaration that the seven defendants … Read the rest

Supreme Court

Smith urges “immediate review” of Trump’s immunity claims

Special Counsel Jack Smith rejected as “misguided” the suggestion by lawyers for former President Donald Trump that the Supreme Court should wait to decide whether Trump can be tried on charges that he conspired to overturn the results of the 2020 election. Emphasizing that the charges against Trump “are of the utmost gravity,” Smith contended that the “public interest in a prompt resolution of this case favors an immediate, definitive decision by this Court.”

In a 10-page reply brief … Read the rest

Civil Law

Shameless Plug: Reed Smith team authors product liability chapter for digital health law guide

As our loyal readers know, the blog has been keeping a close eye on plaintiffs’ efforts to apply product liability law to software . This is of course an area of keen interest to medical device, software, and tech companies active or entering the digital health space.

The blog’s own Eric Alexander, with Reed Smith co-authors Gerry Stegmaier, Jamie Lanphear, and Michael Rubayo, has now written a very thorough chapter on this subject for the International Comparative Legal Guides’ fourth … Read the rest