Appellate Practice

Ethics lawyer who was fired over tweets about Islam can pursue damages, 6th Circuit says

A federal appeals court has ruled that a Tennessee legal ethics lawyer who was fired for tweeting about Islam can seek damages against his former supervisor.

Mar 24, 2023 9:10 AM CDT

Judicial Conference asks Congress for 75 new, converted federal judgeships—2 of them at appellate level

The U.S. Judicial Conference is recommending that Congress create two more permanent judgeships with the 9th U.S. Circuit Court of Appeals at San Francisco and dozens of new judgeships at the district court level.

Mar 15, 2023 4:02 PM CDT

South Carolina laws that prosecute kids for ‘disorderly’ conduct are unconstitutional, 4th Circuit says

A federal appeals court on Wednesday struck down two South Carolina laws that punish elementary and secondary school students who act “disorderly,” use “obscene” language or “act in an obnoxious manner” in or near a school.

Feb 23, 2023 3:22 PM CST

Lawyers should try their cases with appeal in mind

Many appeals are won or lost before the notice of appeal is even filed. Trial counsel are accordingly wise to focus their litigation strategies not only on trial preparation but also on the eventual appeal. Working with an experienced appellate attorney earlier in the process—which is an option many trial lawyers and counsel overlook—can pay significant dividends.

Feb 9, 2023 8:46 AM CST

Supreme Court justices should follow binding code of ethics, ABA House says

The U.S. Supreme Court should adopt a binding code of ethics for its justices that is akin to the code of conduct the Judicial Conference of the United States adopted for other federal judges, the House of Delegates said after a spirited debate at the 2023 ABA Midyear Meeting in New Orleans on Monday.

Feb 6, 2023 7:38 PM CST

Weekly Briefs: SCOTUS sets a record; CUNY law student goes missing

Still no SCOTUS opinions in argued cases The U.S. Supreme Court has set a record by failing to issue opinions in argued cases this term. Usually, the high court issues a handful of decisions by now, according to Adam Feldman of the Empirical SCOTUS blog. (The Associated Press) Search for…

Jan 20, 2023 3:25 PM CST

As underrepresentation of Asian American lawyers in top jobs continues, more are speaking out, new study finds

Out of 2,396 elected prosecutors in the United States, eight identified as Asian American, according to a new study sponsored by the American Bar Foundation and the National Asian Pacific American Bar Association.

Dec 5, 2022 1:34 PM CST

Many federal judges want clerkship diversity but say the topic is rarely addressed in court, new study says

In a recent study of federal appellate judges, many indicated that they had difficulties hiring Black law clerks. Black jurists, who make up less than one-eighth of the federal appellate courts, hired more than half of the Black clerks.

Dec 2, 2022 12:53 PM CST

ABA asks SCOTUS to preserve long-standing attorney-client privilege

In an amicus brief filed Wednesday, the ABA urged the U.S. Supreme Court to consider client-lawyer communications privileged, even if the purpose of some of those communications is not to request or give legal advice.

Nov 28, 2022 10:53 AM CST

Lawyer who missed deadline to watch son’s professional baseball debut gets no sympathy on appeal

Updated: A California lawyer was unable to get his client’s case reinstated when a federal appeals court rejected his excuse for missing a court deadline—that he was in Illinois to see his son’s professional baseball debut.

Nov 15, 2022 11:35 AM CST

It isn’t contempt if ‘we’re just mean people’ and disparaging comments caused no harm, lawyer argues

A Texas lawyer acknowledged during a contempt hearing Monday that his law partner’s pleadings “may be aggressive and even unkind to the court sometimes.”

Nov 2, 2022 9:28 AM CDT

Justice Jackson has dominated SCOTUS oral arguments, statistics show

U.S. Supreme Court Justice Ketanji Brown Jackson has outpaced her colleagues in questioning while participating in her first oral arguments on the high court.

Oct 18, 2022 8:46 AM CDT

How to address the imbalance of women and men in appellate law

I am a partner in the litigation department of an Am Law 200 firm, vice chair of the firm’s appellate practice group, deputy general counsel for the firm, and I serve on a variety of firm committees. In addition, I have longtime faculty appointments at both Chicago-Kent College of Law and the University of Chicago Law School. I should also add that I am a white male.

Sep 20, 2022 8:48 AM CDT

Patient who received negligent reproductive health care can recover all damages, state supreme court rules

The Washington Supreme Court ruled Thursday that judges in Washington are permitted to award extraordinary damages in “wrongful life” cases.

Aug 22, 2022 1:05 PM CDT

New York attorney general’s actions over rape case are ‘a sinister abuse,’ dissenting judge says

In a scathing dissent, a federal appellate judge admonished the New York attorney general’s office for defending a conviction in a 2009 rape case.

Aug 22, 2022 11:51 AM CDT