Appellate Practice

‘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

Why did a Georgia city prohibit tattoos on Sundays?

These days, people from all walks of life get tattoos. But in Columbus, Georgia, it was illegal to give them on Sundays, until recently. No one knows for sure what led to the law, but some suspect that it was what’s known as a “blue law,” a term for state and municipal regulations that prohibits commerce on Sundays, when lawmakers thought people should be in church.

Feb 24, 2020 3:35 PM CST

Federal judge should not have tossed case over late-filed document, 9th Circuit says

U.S. District Judge Manuel Real acted too harshly when he tossed a case because a document was filed a week past the deadline, according to the 9th U.S. Circuit Court of Appeals at San Francisco.

Feb 11, 2020 11:23 AM CST

2nd Circuit scolds lawyers for apparent ‘lack of candor’ after client died

The New York-based 2nd U.S. Circuit Court of Appeals had little patience for two Rochester lawyers who filed a notice of appeal without informing the court that their client had died.

Feb 5, 2020 3:44 PM CST

7th Circuit is aghast at ‘obduracy’ of Board of Immigration Appeals, which refused to implement its decision

The 7th U.S. Circuit Court of Appeals at Chicago didn’t mince words in a Jan. 23 opinion chastising the Board of Immigration Appeals for defying its remand order and concluding the appeals court had ruled incorrectly in the case.

Jan 27, 2020 6:30 AM CST

Afternoon Briefs: Teen blogger denied murder case evidence; Aerosmith drummer loses comeback case

Judge denies 16-year-old aspiring lawyer’s request for murder evidence A 16-year-old aspiring lawyer and true crime blogger lost a bid Thursday to access evidence in the Texas murder case that that put Darlie Routier on death row. Ryan Kester thinks Routier is innocent in the killings of her two children.…

Jan 24, 2020 3:48 PM CST

Federal appeals court approves diversion of military funds to border wall construction

The Trump administration can now tap $3.6 billion in military construction funds to build a wall along the U.S.-Mexico border, a federal appeals court ruled Wednesday.

Jan 10, 2020 11:07 AM CST