Appellate Practice

Supreme Court will resume in-person oral arguments, but the public can’t attend

The U.S. Supreme Court announced Wednesday that it will resume in-person oral arguments when its term begins Oct. 4, but members of the public will not be allowed to be there.

Sep 9, 2021 10:35 AM CDT

Limit on food distribution to homeless people in parks violates First Amendment, 11th Circuit rules

A federal appeals court on Tuesday sided with a nonprofit organization that provides free food to homeless people in a park in Fort Lauderdale, Florida, finding that a city rule that limits the practice is unconstitutional.

Sep 3, 2021 10:16 AM CDT

9th Circuit orders lower court to review decision over accessibility at baseball stadium

A federal appeals court on Wednesday ruled in favor of plaintiffs who alleged that spectators using wheelchairs at T-Mobile Park, the home of the Seattle Mariners Major League Baseball team, had inadequate sightlines under the Americans with Disabilities Act.

Sep 3, 2021 9:14 AM CDT

At least 2 federal appeals courts require vaccinations for oral arguments; other circuits differ

Federal appeals courts “are implementing wildly different responses to the delta variant surge," according to an analysis by Law360.

Aug 27, 2021 10:00 AM CDT

‘I can’t keep up with you on this stuff,’ busy trial lawyer tells Georgia justices in public defender’s libel suit

A lawyer representing an assistant public defender in a libel suit on Tuesday struggled with some oral argument questions about whether his client was a public official, finally telling the Georgia Supreme Court that he would hire someone else to “argue appellate stuff” in the future.

Aug 25, 2021 1:49 PM CDT

Ineffective counsel at two levels entitles death row inmate to new sentencing, 4th Circuit says

A federal appeals court has ruled that a death row inmate in South Carolina is entitled to a new sentencing hearing because of failures by his trial counsel and appellate counsel.

Aug 24, 2021 11:55 AM CDT

Dissenting judge says 9th Circuit took habeas dysfunction to new level with ‘hypothetical dicta’

A federal circuit judge’s acidic dissent last week used cookies and lemonade analogies to make a point about a binding dicta rule and its potentials for misuse.

Aug 23, 2021 3:00 PM CDT

Appeals court vacates $1,000-per-day sanction against BigLaw lawyer

The Illinois Appellate Court's Second District has vacated a $1,000-per-day sanction imposed against a Winston & Strawn lawyer who refused to turn over emails in discovery in expectation of a contempt order that would allow for an appeal.

Aug 18, 2021 3:45 PM CDT

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.

Jul 15, 2021 2:55 PM CDT

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.

Jun 14, 2021 12:33 PM CDT

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 out of Atlanta. In a 21-page complaint filed in the U.S. District Court for the Southern District of New York…

Jun 2, 2021 3:16 PM CDT

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.

Jun 2, 2021 2:00 PM CDT

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.

May 25, 2021 2:01 PM CDT

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 Monday by the U.S. Department of Health and Human Services. The HHS is interpreting regulations that ban sexual discrimination in health…

May 10, 2021 4:33 PM CDT

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.

May 6, 2021 12:25 PM CDT