Appellate Practice

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

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 force or engages in discriminatory policing as part of an unconstitutional pattern or practice. Department officers fatally shot Breonna Taylor…

Apr 26, 2021 4:36 PM CDT

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.

Apr 21, 2021 10:25 AM CDT

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 Sheppard, Mullin, Richter & Hampton are also providing special bonuses to staff. According to memos obtained by the American Lawyer,…

Apr 16, 2021 2:12 PM CDT

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.

Apr 16, 2021 11:56 AM CDT

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.

Apr 16, 2021 10:28 AM CDT

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.

Apr 13, 2021 1:33 PM CDT

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.

Mar 30, 2021 8:56 AM CDT

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.

Mar 29, 2021 9:05 AM CDT