Appellate Practice

1929 ABA Journal Appellate Practice articles.

COVID-19 causes Federal Circuit to cancel arguments in Nintendo case
The U.S. Court of Appeals for the Federal Circuit has canceled oral arguments in Nintendo’s case over its Wii gaming systems after its opposing counsel contracted COVID-19.
What it’s like to argue before the Supreme Court during COVID-19
Jeffrey L. Fisher has argued more than 40 U.S. Supreme Court cases, and he relies heavily on the justices’ body language during arguments. But that wasn’t possible for his last three, which were conducted by phone because of the COVID-19 pandemic.
Afternoon Briefs: 2 death-row inmates test positive for COVID-19; US attorney in Missouri will resign

2 federal inmates test positive for COVID-19 ahead of January executions

Cory Johnson and Dustin John Higgs, two federal prisoners who are scheduled to be executed on Jan. 14 and…

Afternoon Briefs: Judiciary committee will get new top Dem; top Pennsylvania court rejects 5 election suits

Feinstein steps down as top Democrat on Senate Judiciary Committee

U.S. Sen. Dianne Feinstein of California is stepping down as the top Democrat on the Senate Judiciary Committee after criticism…

Which appeals court is most likely to grant qualified immunity to police?
An analysis of qualified immunity cases in federal appeals courts shows significant disparities in grants of qualified immunity to police officers in excessive force cases.
‘Persnickety dude’ government lawyer points out New York Times typos on Twitter
An anonymous appellate lawyer who describes himself as a “persnickety dude” tweets typos from the New York Times as a hobby.
Supreme Court allows eased voting requirements in Rhode Island and notes state support
The U.S. Supreme Court on Thursday refused to interfere with a consent decree that allowed Rhode Island voters to use mail-in ballots without having to get two witnesses or a notary to verify their signature.
Lawyer who called female judge’s opinion ‘succubustic’ sues over potential ethics charges
A California lawyer contends that he was advocating within permissible bounds when he called a female judge’s opinion “succubustic,” a reference to a female demon that has intercourse with men in their sleep.
Another ‘shadow docket’ decision? SCOTUS once again blocks relaxed election procedures
The U.S. Supreme Court on Tuesday stayed an injunction that would have made it easier to place a measure on the ballot seeking to reform Oregon’s redistricting process.
Afternoon Briefs: Judge won’t stop Mary Trump book; judge rejects Weinstein deal

Judge won’t block publication of Mary Trump’s book

Judge Hal Greenwald of New York ruled Monday night that a confidentiality agreement couldn’t be used to stop publication or promotion of…

Dorsey & Whitney isn’t liable for blog post about lawyer, 2nd Circuit rules
A Dorsey & Whitney blog post about a lawyer's failed class action lawsuit wasn't defamatory, the New York-based 2nd U.S. Circuit Court of Appeals ruled on Thursday.
Prosecutorial immunity protects 3 defendants in former judge’s retaliation lawsuit, 5th Circuit says
A Texas judge who was wrongfully convicted can only sue one of the four prosecutors she named in a lawsuit, a federal appeals court ruled Monday.
With latest appellate confirmation, Trump has appointed 200 federal judges
With the confirmation Wednesday of Cory Wilson to a federal appeals court, President Donald Trump has appointed 200 federal judges.
Top state court vacates order shutting down defiant barber’s shop during COVID-19 crisis
The Michigan Supreme Court vacated on Friday an appeals court decision ordering the shutdown of a barber shop that remained open despite state stay-at-home orders amid the COVID-19 crisis.
Appeals court tosses convictions in wake of Supreme Court ruling on jury verdicts
The Louisiana 4th Circuit Court of Appeal has overturned two manslaughter and molestation convictions in response to a recent U.S. Supreme Court ruling that nonunanimous jury verdicts are unconstitutional.

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