Appellate Practice

DOJ must release memo involving investigation into Trump’s actions during election probe, appeals court says

Updated: A federal appeals court ruled Friday that the U.S. Department of Justice must release a 2019 internal memo that urged former U.S. Attorney General William Barr to conclude that former President Donald Trump had not obstructed justice.

Aug 22, 2022 10:31 AM CDT

Damages awards reach nearly 10-year high in employment cases, new report shows

A total of $1.17 billion in damages were awarded in 1,016 employment cases in 2021, representing the highest amount of damages in nearly a decade, according to a new report released in early August.

Aug 18, 2022 8:58 AM CDT

Federal court workers can engage in political expression, DC Circuit rules

A federal appeals court has rejected the restrictions on political activities that had been imposed on judiciary workers.

Aug 17, 2022 1:30 PM CDT

State supreme court rules against attorney who alleged defamation and forced resignation from firm

A Delaware attorney has lost his appeal in a case involving claims that he was defamed and forced to resign from his law firm.

Aug 17, 2022 10:58 AM CDT

Athletic director’s claims that she was fired for being gay are rejected by 8th Circuit

A federal appeals court has ruled in favor of the University of Minnesota, which faced claims of discrimination after firing an openly gay athletic director in 2014.

Aug 16, 2022 9:24 AM CDT

4 principles of legal writing Bryan Garner learned from clerking at the 5th Circuit

“Whenever I’m writing, I always try to keep the Reavley principles in mind. Even though Judge Reavley wasn’t much interested in grammar, he taught me more about legal writing than anybody else.”

Aug 1, 2022 1:50 AM CDT

Appeals judge accused of excessive delays agrees to retire

The presiding justice of California’s Third District Court of Appeal has agreed to retire and accept a public admonishment to resolve ethics allegations that he “engaged in a pattern of delay” in deciding cases.

Jun 6, 2022 8:50 AM CDT

How I helped win an equal pay victory for the US Women’s National Soccer Team

“For the past two years, I served as lead appellate counsel for the players on the U.S. Women’s National Soccer Team in their equal-pay case against the U.S. Soccer Federation,” writes Nicole A. Saharsky. “So you are probably wondering: How did we get from losing summary judgment and being entitled to $0 to getting $24 million and a guarantee of equal pay for the women’s and men’s national teams?”

Jun 1, 2022 1:30 AM CDT

First Amendment doesn’t protect fired police officers who criticized department changes, 6th Circuit rules

The First Amendment does not protect two Tennessee police officers who were fired for objecting to changes in their department, an appeals court has ruled.

May 4, 2022 12:18 PM CDT

Appeals court sides with judge who muted man during remote sentencing

A federal appeals court ruled Monday that a Missouri man’s rights were not violated when a judge muted him twice during his remote sentencing.

May 4, 2022 8:53 AM CDT

Richard Posner’s lawyer says the retired judge has Alzheimer’s, didn’t have capacity to contract

Richard Posner, a retired judge on the 7th U.S. Circuit Court of Appeals at Chicago, didn’t have the capacity to enter into a contract because of Alzheimer’s disease, his lawyer said in a letter.

Mar 30, 2022 9:46 AM CDT

SCOTUS rules in favor of Texas school board that censured member

The U.S. Supreme Court ruled unanimously Thursday that a school board has the right to censure one of its members. Justice Neil Gorsuch, writing for the high court, pointed out that elected bodies in this country have censured their members “as early as colonial times.”

Mar 25, 2022 9:33 AM CDT

Judge Ketanji Brown Jackson writes first appellate opinion; she’s seen as a potential SCOTUS nominee

The U.S. Court of Appeals for the District of Columbia Circuit has released the first opinion written by Judge Ketanji Brown Jackson, who is considered a potential U.S. Supreme Court nominee to replace retiring Justice Stephen G. Breyer.

Feb 2, 2022 10:40 AM CST

Lawyer with over $543K in student debt gets reprimand vacated after telling court of financial hardship

A federal appeals court has vacated its reprimand of a lawyer who skipped oral arguments in a late-settled case, citing information provided in her request for reconsideration.

Jan 18, 2022 11:56 AM CST

SCOTUS justices who look to ‘advocacy history’ find reasons to undermine precedent

Does the weight and meaning of a U.S. Supreme Court decision turn on the arguments presented beforehand? Chief Justice John G. Roberts Jr. appeared to suggest that the answer was yes during oral arguments on the constitutionality of a Mississippi abortion law that bans abortions after 15 weeks of pregnancy.

Dec 15, 2021 2:33 PM CST