ABA Journal

Appellate Practice

1955 ABA Journal Appellate Practice articles.

11th Circuit upholds CDC freeze on evictions due to COVID-19

A landlord’s inability to evict delinquent tenants during the COVID-19 pandemic does not constitute an irreparable injury, a federal appeals court has ruled.

Several minutes into 9th Circuit online hearing, lawyer realizes he’s arguing the wrong case

Social Security claimants lawyer Chad Hatfield didn’t realize his goof until several minutes into an argument last Monday before the 9th U.S. Circuit Court of Appeals at San Francisco.

Afternoon Briefs: MLB faces federal lawsuit for moving All-Star Game; entertainment lawyer starts singing career at 92

Atlanta business group sues MLB for moving All-Star Game

Job Creators Network, a conservative organization that represents small businesses, is suing Major League Baseball for moving the July All-Star Game…

Appeals court confirms bribery convictions of lawyer, coal company executive

The 11th U.S. Circuit Court of Appeals at Atlanta has upheld the convictions of a Birmingham, Alabama, lawyer and an Alabama coal company executive in a scheme to bribe a state legislator to thwart U.S. Environmental Protection Agency cleanup efforts.

Lawyer cites mother’s COVID-19 death after 6th Circuit blasts ‘striking legal emptiness’ of his brief

An Ohio lawyer sanctioned $1,500 for filing a substandard appellate brief told a federal appeals court on Friday that his failures stemmed from the COVID-19 death of his 96-year-old mother.

Afternoon Briefs: Transgender patients protected; gender gap persists in SCOTUS arguments

Transgender patients protected in HHS interpretation

The Biden administration will protect transgender patients from discrimination in health care, reversing a decision by the Trump administration, according to an announcement…

Justice Thomas turns talkative in telephone arguments after years of mostly silence

U.S. Supreme Court Justice Clarence Thomas is showing his personality in oral arguments questioning, a turnabout from past years when he stayed mostly silent.

Afternoon Briefs: DOJ will probe Louisville, Kentucky, police; Coca-Cola reviews outside counsel diversity policy

DOJ will investigate Louisville, Kentucky, police practices

U.S. Attorney General Merrick Garland announced Monday that the Department of Justice is investigating whether the Louisville, Kentucky, Metro Police Department uses unreasonable…

After Chauvin’s conviction on all counts, what will his appeal look like?

An appeal is “a virtual certainty” following the conviction Tuesday of fired Minneapolis police officer Derek Chauvin for killing George Floyd with a knee to his neck, according to USA Today.

Afternoon Briefs: 2 firms give special bonuses; immigrant leaves church sanctuary for first time in 3 years

Paul Hastings, Sheppard Mullin provide special bonuses to staff and paralegals

As many large firms continue to reward young lawyers for their work in the past year, Paul Hastings and…

Threats of sham lawsuit against well-known singer constitute a crime, 9th Circuit says

Threats of baseless litigation can amount to extortion under the Hobbs Act, the 9th U.S. Circuit Court of Appeals at San Francisco ruled Tuesday.

Texas court tosses sentence of state’s longest-serving death row inmate

The Texas Court of Criminal Appeals has overturned the sentence of the state’s longest-serving death row inmate.

In rare move, full 6th Circuit will hear initial arguments in abortion case; dissent blasts ‘procedural hopscotch’

In an unusual move, the full 6th U.S. Circuit Court of Appeals at Cincinnati will consider the constitutionality of a Tennessee abortion law without an initial ruling by a three-judge panel.

Amy Breihan has dedicated her career to helping juvenile lifers seek parole

It’s been nearly nine years since the U.S. Supreme Court ruled in Miller v. Alabama that mandatory life without parole for juveniles violates the Eighth Amendment. It’s been five years since it held in Montgomery v. Louisiana that its 2012 decision was retroactive. In that time, Amy Breihan has helped seek second chances for prisoners in Missouri who were younger than age 18 when they were sentenced to life behind bars.

The pandemic has not slowed down Howard Bashman of How Appealing

Howard Bashman of How Appealing discusses blogging during COVID-19 and how appellate work in Pennsylvania has changed in the pandemic.

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