Appellate Practice

Top Pa. Court Will Save Some Juvie Files, As Lawyers Take Issue to Fed’l Court

Before a federal judge could hold a scheduled hearing on Monday, the top court in Pennsylvania has acceded to some of the demands made in an unusual federal filing by lawyers representing individuals allegedly jailed improperly as juveniles because of judicial corruption in Luzerne County. In an order today, the…

Jul 22, 2009 11:04 PM CDT

Scary Discovery Sanctions Case Packs 3rd Circuit Courtroom

Daunting discovery sanctions imposed by a federal judge on defense lawyers who were, many colleagues say, simply doing their job in a medical insurance coverage case filed by a group of doctors packed an appellate courtroom during a recent oral argument. Although the underlying case settled after U.S. District Judge…

Jul 22, 2009 6:08 PM CDT

Lawyers Seek Order Barring Top Pa. Court from Destroying Juvenile Records

A bizarre case in which two senior Pennsylvania judges in Luzerne County are accused of having profited from putting hundreds—or perhaps even thousands—of youths into juvenile detention for relatively minor offenses has now taken a strange new twist. In an extraordinary filing, lawyers representing individuals allegedly improperly jailed as youngsters…

Jul 21, 2009 10:59 PM CDT

Lawyer Gets Reversal of Contempt Finding for ‘Sarcastic, Unprofessional Looks’

A Georgia appeals court has reversed a judge’s contempt order that sent a lawyer to jail—albeit for just a few minutes—for making a sarcastic face. The Georgia Court of Appeals said the judge didn’t give the lawyer a chance to fight the contempt finding, according to the Fulton County Daily…

Jul 20, 2009 3:36 PM CDT

Shooting Victim Asked if She Was a ‘Mental Patient’ Can Sue 911 Operator

A Michigan Supreme Court split 4-3 issued a one-sentence order allowing a woman who called 911 after being shot to sue the operator who thought the woman was making a false report and chastised her. Lorraine Hayes of Detroit, who is being represented by Geoffrey Fieger, is suing operator Kimberly…

Jul 9, 2009 5:16 PM CDT

Federal Judge Plans to Acquit Mom Convicted in Landmark Cyberbullying Case

A federal judge in Los Angeles reportedly has said he intends to acquit a Missouri mother accused of helping to drive a neighboring teen to suicide by participating in a hoax on the MySpace social networking site. Lori Drew was cleared of more serious charges but convicted by a federal…

Jul 2, 2009 7:40 PM CDT

Disgraced Pa. Judge: I Didn’t Discuss $3.5M Libel Case

A Pennsylvania lawyer initially portrayed by his counsel as a victim has now pleaded guilty to criminal charges related to a $2.5 million juvenile detention judicial kickbacks case that has already resulted in guilty pleas by two senior Luzerne County jurists. But yesterday’s plea by Robert Powell is just the…

Jul 2, 2009 6:20 PM CDT

Narrowing the Courthouse Door

High court makes it tougher to get past the pleading stage

Jul 2, 2009 2:19 AM CDT

For the 2nd Time in Less Than 3 Months, Judge Sullivan Castigates DOJ

For the second time in less than three months, Judge Emmett Sullivan offered blistering comments from the bench yesterday castigating the U.S. Department of Justice concerning its compliance with ethical obligations to turn over exculpatory evidence to the defense. In the latest case, the Washington, D.C., federal district judge questioned…

Jul 1, 2009 7:45 PM CDT

Wis. Appeals Court Orders Man to Turn Over Claimed Roadkill Deer Trophy

It’s too late for John Longo to return the deer carcass he is accused of taking from beside a Wisconsin roadway without a permit: He ate it. But a state appeals court has ordered the 69-year-old to return the head, which he had mounted, to state wildlife officials, reports WKOW-TV.…

Jul 1, 2009 5:08 PM CDT

Court Makes ‘Patient & Steady’ Turn to Right, Kennedy the Decider

The U.S. Supreme Court this term managed to avoid releasing “blockbuster” decisions, but the Washington Post notes that one thing is clear. The Roberts-led court has made a “patient and steady move to the right” that isn’t likely to be detoured by the addition of Judge Sonia Sotomayor. In an…

Jul 1, 2009 10:39 AM CDT

Why the Firefighter Decision Is Good for Employment Lawyers

More litigation is likely to follow Monday’s U.S. Supreme Court decision on behalf of white firefighters who sued over a decision to throw out a promotional exam. The decision in Ricci v. DeStefano “left things as muddled as ever for the nation’s employers,” the New York Times reports. The court…

Jun 30, 2009 11:54 AM CDT

Was Sotomayor Reversed, or Did the Supreme Court Change Course?

Headlines proclaiming the reversal of a federal appeals court ruling by U.S. Supreme Court nominee Sonia Sotomayor are off the mark, according to a journalist who has covered the high court. In a New York Times op-ed, Linda Greenhouse writes that the Supreme Court changed course when it ruled Monday…

Jun 30, 2009 11:21 AM CDT

High Court Rules States Have Power to Police National Bank Lending

The U.S. Supreme Court has ruled that federal law does not preclude states from suing over discriminatory lending practices of national banks. Justice Antonin Scalia wrote the majority opinion in the case, and was joined by liberal Justices Ruth Bader Ginsburg, David H. Souter, John Paul Stevens and Stephen G.…

Jun 29, 2009 2:56 PM CDT

Supreme Court Rules for White Firefighters in Reverse Bias Case

The U.S. Supreme Court has ruled on behalf of white firefighters challenging a decision to throw out a promotional exam because no blacks got top scores. The 5-4 ruling holds that a fear of disparate impact claims by minorities does not justify a decision to toss the test by the…

Jun 29, 2009 2:22 PM CDT