Appellate Practice

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 a tell-all book by President Donald Trump’s niece, Mary Trump. Greenwald said the agreement was an unjustified prior restraint on…

Jul 14, 2020 4:05 PM CDT

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.

Jul 13, 2020 10:50 AM CDT

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.

Jul 10, 2020 10:59 AM CDT

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.

Jun 25, 2020 9:57 AM CDT

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.

Jun 8, 2020 12:29 PM CDT

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.

May 29, 2020 2:32 PM CDT

‘I forgot’ isn’t acceptable excuse for missing oral arguments, 2nd Circuit tells lawyer

A New York lawyer who failed to show up for oral arguments will have to pay his opponent’s attorney fees for the time that he wasted at the courthouse.

May 20, 2020 10:38 AM CDT

ABA rates DC Circuit nominee ‘well qualified’ after finding him ‘not qualified’ for trial bench

U.S. District Judge Justin Walker has a new and higher rating from the ABA as he appears before the Senate Judiciary Committee on Wednesday for a hearing on his nomination the U.S. Court of Appeals for the District of Columbia Circuit.

May 6, 2020 2:18 PM CDT

Afternoon Briefs: Justice Thomas speaks in SCOTUS teleconference arguments; courts want rule ideas

Few glitches and 1 surprise in SCOTUS teleconference arguments U.S. Supreme Court Justice Clarence Thomas asked questions during the high court’s first teleconference arguments Monday, something he rarely does. The court followed a new format in which Chief Justice John G. Roberts Jr. asked the first question, then other justices…

May 4, 2020 3:39 PM CDT

SCOTUS will hear arguments by telephone conference in several cases because of COVID-19

The U.S. Supreme Court announced Monday that it will have oral arguments by telephone conference in May for several cases because of the novel coronavirus pandemic.

Apr 13, 2020 10:54 AM CDT

Afternoon Briefs: Reform group backs cost metric in law school rankings; California suspends jury trials

US News’ ranking methodology is the cheese for law school rat race, report says The U.S. News & World Report’s annual law school rankings rely on categories including law school expenditures per student, peer assessment and selectivity in admissions. The valuation should include an “efficiency metric” that encourages getting as…

Mar 24, 2020 4:45 PM CDT

Will Supreme Court decide some cases without oral arguments?

The U.S. Supreme Court has already delayed 11 oral arguments for its March sitting. Nine arguments are scheduled for April, and it’s possible the court will postpone those, too.

Mar 20, 2020 12:19 PM CDT

Convicted murderer eligible for parole after judge misapplies state law, court says

The Arizona Supreme Court said on Thursday a man sentenced to prison for life will be eligible for parole, despite a state law that eliminated the privilege in 1993.

Mar 6, 2020 12:29 PM CST

Afternoon Briefs: DC Circuit blocks McGahn testimony; lawyer utters word rarely used at SCOTUS

DC Circuit tosses suit for McGahn congressional testimony A federal appeals court has tossed a lawsuit seeking to compel congressional testimony from former White House counsel Don McGahn. The U.S. Court of Appeals for the District of Columbia Circuit said the House Judiciary Committee was asking the court to settle…

Feb 28, 2020 4:43 PM CST

ABA brief criticizes trend in which courts fail to consider prevailing norms in ineffective assistance cases

The ABA has filed an amicus brief urging the U.S. Supreme Court to reaffirm that courts must look to “prevailing professional norms” when assessing lawyers’ performance in ineffective assistance cases.

Feb 28, 2020 10:28 AM CST