Appellate Practice

O.J. Simpson Prosecutor Marcia Clark Bolsters Case Against Polanski

After initial protests over the what some see as the unfairness of the arrest last week of fugitive film director Roman Polanski in a decades-old California sexual abuse case concerning a 13-year-old girl, additional observers are now weighing in on the side of the prosecution. Columnist Steve Lopez at the…

Oct 1, 2009 1:15 AM CDT

California Appeals Judge Scolds Lawyers for Excess of Acronyms

A California appeals judge who scolded lawyers for using too many acronyms decided to set an example by avoiding them in 27 pages of his opinion. Judge David Sills of the Fourth District Court of Appeal criticized the lawyers for “descending into an alphabet soup of jargon-based acronyms,” the Legal…

Sep 30, 2009 12:53 PM CDT

Federal Judge Nixes $390M Jury Verdict in Microsoft Patent Case

A stunning April jury verdict of almost $390 million against Microsoft Corp. in a patent infringement case brought by an anti-piracy software maker has been overturned by a federal judge. U.S. District Judge William Smith wrote that the jury in the Rhode Island federal court case “lacked a grasp of…

Sep 30, 2009 12:27 AM CDT

Supreme Court to Ponder Juvenile Lifers, Government Cross and Dogfight Videos

The U.S. Supreme Court begins its new term Monday with a docket that includes two kinds of videos (one opposing Hillary Clinton and another featuring dogfights), a cross in the Mojave National Preserve, and life sentences for juveniles. More than half of the 45 cases already accepted for argument this…

Sep 29, 2009 8:02 PM CDT

CBS Proclaims ‘Total Victory’ as Court Dismisses Dan Rather Lawsuit

In a ruling that a CBS spokesman called “a total victory,” a New York appeals court today reversed a trial judge and said former network anchorman Dan Rather’s breach of contract and breach of fiduciary duty claims against the network should have been dismissed. The $70 million case isn’t entirely…

Sep 29, 2009 7:57 PM CDT

Roman Polanski’s Lawyers Reportedly Provoked His Arrest

Court filings by lawyers representing Roman Polanski apparently gave piqued prosecutors the incentive to seek his arrest, according to a published report. In two documents filed with a California appeals court, the lawyers alleged that the District Attorney’s office had not sought to have Polanski extradited in the 30 years…

Sep 29, 2009 2:04 PM CDT

Appellate Practice Head at Baker Botts is Leaving to Form Boutique

The head of the U.S. Supreme Court and appellate practice group in the Washington, D.C., office of Baker Botts has announced that he is leaving the firm to form a new boutique with another litigator. Joining Jeffrey Lamken in the venture will be Steven Molo, a white collar and appellate…

Sep 28, 2009 10:50 PM CDT

Judge: Lawyer Has No Constitutional Right to Wear Jeans and Hat in Court

A lawyer representing himself in a dispute with his landlord has no First Amendment right to wear jeans and a baseball cap in court, a federal judge has ruled. The lawyer, Queens solo Todd Bank, told the New York Law Journal that he wore an Operation Desert Storm baseball cap…

Sep 25, 2009 3:44 PM CDT

4th Circuit Nixes Award Against Anti-Gay Funeral Protesters

A federal appeals court has cited the First Amendment in a decision that overturns a $5 million judgment against members of an anti-gay church who protested at a soldier’s Maryland funeral. The 4th U.S. Circuit Court of Appeals based in Richmond, Va., said the protesters’ signs carried ”imaginative and hyperbolic…

Sep 25, 2009 11:55 AM CDT

No Quick Freedom for Ex-Lawyer Whose Phone Calls Revealed Missing Money

Massachusetts’ highest court is keeping a former lawyer behind bars for at least another 30 days so a lawyer who listened to his recorded jailhouse conversations to find missing money can persuade a judge that more cash is hidden overseas. The Supreme Judicial Court said Richard Birchall can be released…

Sep 24, 2009 3:07 PM CDT

Lawyer Can Sue Over Criticism of His Probe of City Attorney’s Rumored Affair

A California lawyer was within his rights as a citizen when he hired a private investigator to look into rumors of a possible affair between Morgan Hill’s then-city attorney and the municipality’s city manager, a state appeals court held yesterday. The decision by the California Court of Appeal’s Sixth District…

Sep 22, 2009 10:25 PM CDT

2nd Circuit Reinstates Global Warming Suits Against Power Companies

A federal appeals court has reinstated lawsuits by eight states and others claiming power companies’ carbon-dioxide emissions are contributing to global warming. The public nuisance suits seek caps on emissions, the New York Times reports. A two-judge panel decided the case after the third judge, Sonia Sotomayor, was confirmed to…

Sep 22, 2009 4:54 PM CDT

Detroit Ex-Mayor: $2,700 Rent, $900 Car Note + $6K Restitution Too Costly

After covering his $2,700 monthly rent on a Texas mansion and another $900 bill for his Cadillac lease, says Detroit’s ex-mayor, he can’t afford to pay another big bill. To be specific, that is the court-ordered $6,000-per-month payment on the $1 million he agreed to give the city in restitution…

Sep 21, 2009 6:49 PM CDT

D.C. Circuit Overturns Restriction on Nonprofit Campaign Spending

A federal appeals court has struck down campaign finance restrictions on nonprofit groups. The U.S. Court of Appeals for the D.C. Circuit ruled that nonprofits have a First Amendment right to spend money to advocate policy positions as long as they don’t coordinate with a candidate or party, the New…

Sep 21, 2009 4:20 PM CDT

Verdict Stands, Despite Yankees Talk Between Juror and Witness

A conversation about the Yankees between a juror and a witness didn’t require reversal of an employment discrimination verdict, according to a federal appeals court. The New York City-based 2nd U.S. Circuit Court of Appeals upheld the retaliation verdict against the Nassau County Sheriff’s Department, according to the Connecticut Employment…

Sep 17, 2009 2:45 PM CDT