Appellate Practice

Chalking tires constitutes unreasonable search, 6th Circuit rules

Parking enforcement officers in Saginaw, Michigan, who use chalk to mark the tires of cars to track how long they have been parked are violating the constitution, a federal appeals court ruled Monday. A three-judge panel of the 6th U.S. Circuit Court of Appeals at Cincinnati held that the practice…

Apr 23, 2019 12:17 PM CDT

Catholic foster care agency loses fight over refusing to place kids with same-sex couples

A federal appeals court ruled Monday that the city of Philadelphia can sever its contract with a Catholic foster care agency that refuses to place children with same-sex couples. In its opinion, a three-judge panel of the 3rd U.S. Circuit Court of Appeals at Philadelphia held that Catholic Social Services’…

Apr 23, 2019 11:02 AM CDT

Former NFL players fail to move painkillers lawsuit forward

In the latest ruling regarding the NFL’s alleged “return-to-play” scheme, a federal judge held that retired players failed to prove that the league was responsible for handing out painkillers and pushing the players back onto the field. U.S. District Judge William Alsup of the Northern District of California said in…

Apr 22, 2019 4:09 PM CDT

Former congressman suspended for lying about ‘ugly lesbians’ comment

The Kentucky Supreme Court has imposed a 60-day suspension from the practice of law on former U.S. Rep. Carroll Hubbard, D-Ky., after he mailed attorney Alisha Bobo a photo of her and her wife with a handwritten caption “2 pitifull [sic.], fat, ugly lesbians.” In a six-page opinion, filed April…

Apr 22, 2019 11:00 AM CDT

55 years after first SCOTUS appearance, lawyer is back for second redistricting case

Lawyer Emmet Jopling Bondurant II was only 26 in November 1963 when he first appeared before the U.S. Supreme Court to argue that congressional districts should have equal populations. Bondurant won the case, Wesberry v. Sanders, and he’s hoping for the same result when he appears before the Supreme Court…

Mar 26, 2019 7:30 AM CDT

‘Laughter is a blood sport at the court’ when used by SCOTUS justices, new study says

U.S. Supreme Court justices use courtroom humor as a tool of advocacy and as a signal of their power and status, according to a new study of oral arguments by two law professors. As justices have taken on a greater advocacy role in the modern era, there has been an…

Mar 12, 2019 7:30 AM CDT

Lawyer’s ‘succubustic’ claim should be reported as gender bias to state bar, court concludes

A California appeals court is reporting a San Diego lawyer to ethics regulators for calling a female judge’s opinion “succubustic” in a notice of appeal that used other questionable wording. The Fourth District Court of Appeal said last week that it was reporting Benjamin Pavone to the state bar for…

Mar 5, 2019 7:00 AM CST

SCOTUS rules 6-3 for inmate on ineffective assistance; dissent implies Gideon was wrongly decided

U.S. Supreme Court Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh joined with Supreme Court liberals on Wednesday in ruling for an Idaho inmate who claimed ineffective assistance by his lawyer. The court ruled 6-3 for Gilberto Garza Jr., who waived his right to appeal in two…

Feb 27, 2019 1:09 PM CST

9th Circuit can’t count deceased judge’s vote, Supreme Court rules; pay-equity decision vacated

Judge Stephen Reinhardt. Photo from Wikimedia Commons. The U.S. Supreme Court has vacated a pay-equity ruling by a federal appeals court because the circuit judge who wrote the opinion was no longer alive when it was issued. The Supreme Court granted certiorari and ruled on Monday in a per curiam…

Feb 25, 2019 10:55 AM CST

Lawyer suspended for lying about case filings, creating fake brief to back up his account

A New York appeals court has suspended a real estate lawyer for three months for lying to a partner after failing to follow his instructions regarding the filing of two appellate briefs.

Feb 14, 2019 1:24 PM CST

Former football players ran out of time to sue NFL, 9th Circuit says

Former NFL players who allege they were overmedicated and pressured to return to the field despite injuries that had not fully healed can’t sue the NFL for ending their careers early, the 9th U.S. Circuit Court of Appeals at San Francisco ruled Wednesday. A three-judge panel of the court held…

Feb 8, 2019 11:25 AM CST

Federal judge warns of possible sanctions after lawyer files complaint in screenplay format

A federal judge in Boston has warned a Lowell, Massachusetts, lawyer about the possibility of Rule 11 sanctions after he filed a federal complaint against the judges on the state’s top court in the form of a screenplay. U.S. District Judge Indira Talwani warned lawyer Ilya Liviz in a Dec.…

Dec 12, 2018 10:41 AM CST

Conservative group suspends clerkship boot camp after questions about secrecy and loyalty pledges

Some law grads lucky enough to snag a federal clerkship were told they could get special training at a new boot camp run by the conservative Heritage Foundation, but they had to agree to a few conditions.

Oct 18, 2018 4:05 PM CDT

Lawyer who called decision ‘La La Land on steroids’ is suspended for his wide-ranging criticism

A New York appeals court has suspended a Suffolk County lawyer for three months for “inexcusable” criticism about courts hearing two of his cases. The New York Supreme Court’s Appellate Division, First Department, rejected a referee’s recommendation for a public censure and suspended lawyer Gino Giorgini for three months. The…

Oct 16, 2018 7:30 AM CDT

Baker’s case won’t govern gay rights, Ted Olson says

While talking Wednesday about his role in helping bring about the legalization of gay marriage, famed appellate litigator Ted Olson stressed that the fight against discrimination based on sexual orientation or gender identity is far from over.

Jun 6, 2018 5:13 PM CDT