Appellate Practice

Oral arguments are losing ground in federal appeals courts; would ‘hot-court culture’ reverse trend?

Fewer cases are being slated for oral arguments in federal appeals courts, according to statistics from the Administrative Office of the U.S. Courts.

Jun 1, 2018 3:55 PM CDT

Posner brief accuses judge of laziness for copy-and-paste order

Former appeals judge Richard Posner is criticizing a judge who copied and pasted from a government motion in an order that dismissed a pro se litigant’s First Amendment complaint. Posner presented his argument in a reply brief filed on behalf of his client, William Bond, who was representing himself before…

May 16, 2018 7:13 AM CDT

Solo who sought reversal based on ‘extreme judicial activism’ faces total sanctions of $235K

A solo practitioner who was sanctioned nearly $176,000 for making false statements about opposing counsel has been hit with an additional sanction for filing a federal appeal that argued the lower court had engaged in “extreme judicial activism.”

May 9, 2018 9:38 AM CDT

9th Circuit to appoint special prosecutor to oppose pardoned Arpaio

A federal appeals court will appoint a special prosecutor to argue that former Sheriff Joe Arpaio’s conviction for criminal contempt should stand, despite his pardon by President Donald Trump.

Apr 17, 2018 12:19 PM CDT

Justice Department reverses course and urges Supreme Court to overrule pro-union precedent

The U.S. Justice Department has switched positions in an amicus brief that asks the U.S. Supreme Court to overrule a 40-year-old decision that benefits unions.

Dec 8, 2017 8:00 AM CST

BigLaw partner breaks a record held by Thurgood Marshall

Neal Katyal has broken the record held by Thurgood Marshall for the minority lawyer with the most oral arguments before the U.S. Supreme Court. Katyal, a Hogan Lovells partner, broke Marshall’s 50-year-old record on Tuesday when he argued a case involving state jurisdiction over securities class actions, Supreme Court Brief…

Dec 1, 2017 7:00 AM CST

Is Posner’s ‘baffling’ book an ethics breach? Chief judge objects to release of internal memos

Retired Judge Richard Posner of the Chicago-based 7th U.S. Circuit Court of Appeals apparently ruffled colleagues’ feathers and raised ethics questions when he released internal materials in a new book on the treatment of pro se litigators.

Sep 21, 2017 11:48 AM CDT

Delaware loses long-held No. 1 ranking for business-friendly legal climate to South Dakota

A periodic survey of corporations by the U.S. Chamber of Commerce’s legal-reform arm found that Delaware has lost its No. 1 ranking for being business-friendly in legal matters, dropping to No. 11, the Associated Press reports. Delaware had been No. 1 in the previous 10 surveys, and fell out of…

Sep 12, 2017 1:45 PM CDT

E-filing system at Supreme Court will make new filings accessible for free

The U.S. Supreme Court announced Thursday that it is adopting an electronic filing system beginning Nov. 13. The system will make “virtually all new filings” available to the public at no cost, the Supreme Court said in its announcement. The National Law Journal (sub. req.) has a story. Initially, official…

Aug 3, 2017 12:18 PM CDT

Harumph! 7th Circuit chief judge displays irritation with flawed jurisdictional statements

Chief Judge Diane Wood made her frustration clear in a pair of orders on Monday lamenting litigants’ failure to follow circuit rules that help the Chicago-based 7th U.S. Circuit Court of Appeals screen for jurisdictional problems.

Jul 12, 2017 8:00 AM CDT

#AppellateTwitter is place for networking as well as commentary

When a federal appeals court heard oral arguments on President Donald Trump’s revised travel ban, #AppellateTwitter was a source for journalists and observers looking for commentary as the oral arguments unfolded. But the hashtag, coined a year ago by a lawyer missing out on a lunch of appellate lawyers, is…

Jun 9, 2017 1:10 PM CDT

Solicitor general nominee emphasizes separation of powers during confirmation hearing

Solicitor general nominee Noel Francisco told senators at his confirmation hearing Wednesday that the office “plays a special role” at the intersection of three branches of government. Francisco said the solicitor general serves as attorney for the president, and also defends laws passed by Congress when they are challenged in…

May 11, 2017 3:22 PM CDT

Should lawyers repeat a justice’s mispronunciation? Take this ‘antecedent’ example

Corrected: An assistant to the solicitor general had a choice to make when Justice Elena Kagan referred to the antecedent clause of a statute. Kagan pronounced the word “an-TESS-a-dent,” mystifying spectators in the courtroom, Law.com (sub. req.) reports. Regent University School of Law professor James Duane was there to observe…

Apr 13, 2017 10:19 AM CDT

7 executions in 11 days wouldn’t allow due process, ABA president tells Arkansas governor

ABA President Linda Klein has asked the governor of Arkansas to delay an unprecedentedly accelerated series of executions scheduled for this month.

Apr 11, 2017 2:35 PM CDT

Civil rights lawyer who worked on Brown v. Board of Education dies at 96

A civil rights lawyer who helped write the briefs in the landmark school desegregation decision Brown v. Board of Education has died at age 96. William Coleman Jr. died Friday at his home in Alexandria, Virginia, from complications related to Alzheimer’s disease, report the Associated Press and the Washington Post.…

Apr 3, 2017 11:59 AM CDT