ABA Journal

Appellate Practice

1999 ABA Journal Appellate Practice articles.

Weekly Briefs: SCOTUS sets a record; CUNY law student goes missing

Still no SCOTUS opinions in argued cases

The U.S. Supreme Court has set a record by failing to issue opinions in argued cases this term. Usually, the high court issues…

As underrepresentation of Asian American lawyers in top jobs continues, more are speaking out, new study finds

Out of 2,396 elected prosecutors in the United States, eight identified as Asian American, according to a new study sponsored by the American Bar Foundation and the National Asian Pacific American Bar Association.

Many federal judges want clerkship diversity but say the topic is rarely addressed in court, new study says

In a recent study of federal appellate judges, many indicated that they had difficulties hiring Black law clerks. Black jurists, who make up less than one-eighth of the federal appellate courts, hired more than half of the Black clerks.

ABA asks SCOTUS to preserve long-standing attorney-client privilege

In an amicus brief filed Wednesday, the ABA urged the U.S. Supreme Court to consider client-lawyer communications privileged, even if the purpose of some of those communications is not to request or give legal advice.

Lawyer who missed deadline to watch son’s professional baseball debut gets no sympathy on appeal

Updated: A California lawyer was unable to get his client’s case reinstated when a federal appeals court rejected his excuse for missing a court deadline—that he was in Illinois to see his son’s professional baseball debut.

It isn’t contempt if ‘we’re just mean people’ and disparaging comments caused no harm, lawyer argues

A Texas lawyer acknowledged during a contempt hearing Monday that his law partner’s pleadings “may be aggressive and even unkind to the court sometimes.”

Justice Jackson has dominated SCOTUS oral arguments, statistics show

U.S. Supreme Court Justice Ketanji Brown Jackson has outpaced her colleagues in questioning while participating in her first oral arguments on the high court.

How to address the imbalance of women and men in appellate law

I am a partner in the litigation department of an Am Law 200 firm, vice chair of the firm’s appellate practice group, deputy general counsel for the firm, and I serve on a variety of firm committees. In addition, I have longtime faculty appointments at both Chicago-Kent College of Law and the University of Chicago Law School. I should also add that I am a white male.

Patient who received negligent reproductive health care can recover all damages, state supreme court rules

The Washington Supreme Court ruled Thursday that judges in Washington are permitted to award extraordinary damages in “wrongful life” cases.

New York attorney general’s actions over rape case are ‘a sinister abuse,’ dissenting judge says

In a scathing dissent, a federal appellate judge admonished the New York attorney general’s office for defending a conviction in a 2009 rape case.

DOJ must release memo involving investigation into Trump’s actions during election probe, appeals court says

Updated: A federal appeals court ruled Friday that the U.S. Department of Justice must release a 2019 internal memo that urged former U.S. Attorney General William Barr to conclude that former President Donald Trump had not obstructed justice.

Damages awards reach nearly 10-year high in employment cases, new report shows

A total of $1.17 billion in damages were awarded in 1,016 employment cases in 2021, representing the highest amount of damages in nearly a decade, according to a new report released in early August.

Federal court workers can engage in political expression, DC Circuit rules

A federal appeals court has rejected the restrictions on political activities that had been imposed on judiciary workers.

State supreme court rules against attorney who alleged defamation and forced resignation from firm

A Delaware attorney has lost his appeal in a case involving claims that he was defamed and forced to resign from his law firm.

Athletic director’s claims that she was fired for being gay are rejected by 8th Circuit

A federal appeals court has ruled in favor of the University of Minnesota, which faced claims of discrimination after firing an openly gay athletic director in 2014.

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