ABA Journal

Appellate Practice

1992 ABA Journal Appellate Practice articles.

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.

4 principles of legal writing Bryan Garner learned from clerking at the 5th Circuit

“Whenever I’m writing, I always try to keep the Reavley principles in mind. Even though Judge Reavley wasn’t much interested in grammar, he taught me more about legal writing than anybody else.”

Appeals judge accused of excessive delays agrees to retire

The presiding justice of California’s Third District Court of Appeal has agreed to retire and accept a public admonishment to resolve ethics allegations that he “engaged in a pattern of delay” in deciding cases.

How I helped win an equal pay victory for the US Women’s National Soccer Team

“For the past two years, I served as lead appellate counsel for the players on the U.S. Women’s National Soccer Team in their equal-pay case against the U.S. Soccer Federation,” writes Nicole A. Saharsky. “So you are probably wondering: How did we get from losing summary judgment and being entitled to $0 to getting $24 million and a guarantee of equal pay for the women’s and men’s national teams?”

First Amendment doesn’t protect fired police officers who criticized department changes, 6th Circuit rules

The First Amendment does not protect two Tennessee police officers who were fired for objecting to changes in their department, an appeals court has ruled.

Appeals court sides with judge who muted man during remote sentencing

A federal appeals court ruled Monday that a Missouri man’s rights were not violated when a judge muted him twice during his remote sentencing.

Richard Posner’s lawyer says the retired judge has Alzheimer’s, didn’t have capacity to contract

Richard Posner, a retired judge on the 7th U.S. Circuit Court of Appeals at Chicago, didn’t have the capacity to enter into a contract because of Alzheimer’s disease, his lawyer said in a letter.

SCOTUS rules in favor of Texas school board that censured member

The U.S. Supreme Court ruled unanimously Thursday that a school board has the right to censure one of its members. Justice Neil Gorsuch, writing for the high court, pointed out that elected bodies in this country have censured their members “as early as colonial times.”

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