Why Cases Before the Supreme Court Settle.

23 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Appellate Law, United States Supreme Court

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Bloomberg Law, Legal Precedent, Oral Argument, SCOTUS Blog, Stephen Wermiel, United States Supreme Court

SCOTUS for law students (sponsored by Bloomberg Law): Why cases settle, by Stephen Wermiel, SCOTUS Blog

If you want an unusual measure of the power of the Supreme Court, consider why parties to a case sometimes (although rarely) settle their dispute after the Justices have agreed to hear the appeal and as oral argument approaches.

In some cases, the answer may simply be fear of losing, but it can also be much more profound: not only the fear of losing, but also a concern that in the process the loss may establish a legal precedent for the nation that one side of the case considers harmful.

Judge Sparks on Fire — Again.

23 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Depositions, Discovery, Judges, Legal Writing, Subpoenas, Texas Supreme Court

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Above the Law (blog), David Lat, Depositions, Discovery, Judge Sam Sparks, Law Practice, Privilege and Confidentiality, Subpoenas, U.S. District Court for the Western District of Texas

Benchslap of the Day: Judge Sparks Burns More Attorneys , by By David Lat, Above the Law

http://tinyurl.com/45y5v3z

Mr. Lat shared this excerpt from the Judge’s Order:

[J]udge Sparks invited lawyers to a hearing that he referred to as a ‘kindergarten party.’ According to the ‘invitation’ — er, order — ‘[t]he party will feature many exciting and informative lessons, including… how to enter into reasonable agreements about deposition dates [and] how to limit depositions to reasonable subject matter.’ The event is aimed at lawyers who ‘are unable to practice law at the level of a first year law student.’

U.S. Supreme Court Refuses To Hear Appeal in Case That Would Require An Ultrasound Before An Abortion in Oklahoma.

19 Tuesday Nov 2013

Posted by Celia C. Elwell, RP in Appellate Law, United States Supreme Court

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Abortion, Appellate Law, Oklahoma, U.S. Supreme Court, Ultrasound

Supreme Court justices dismiss another Oklahoma law on abortion, by Bill Mears, CNN Supreme Court Producer, CNN

http://www.cnn.com/2013/11/12/justice/supreme-court-oklahoma-abortion/

There’s No Place Like Home For Homeowner’s Insurance

18 Monday Nov 2013

Posted by Celia C. Elwell, RP in Appellate Law, Contract Law, Insurance Law, Trial Tips and Techniques

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7th Circuit Court of Appeals, Brian Jones, Homeowner's Insurance, The Bose Insurance Blog

Seventh Circuit: Mailing Addresses Don’t Necessarily Identify What’s Insured, by Brian Jones, The Bose Insurance Blog

http://tinyurl.com/mkuntnh

The Civil Appeals Profile Database for State Courts.

13 Wednesday Nov 2013

Posted by Celia C. Elwell, RP in Appellate Law, Court Rules, Legal Technology, Legal Writing, Research, State Appellate Courts, Trial Tips and Techniques

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Appeals, Civil Appeal State Profiles, Civil Appellate Procedure, National Center for State Courts

http://bit.ly/1bvOkLs

The National Center for State Court has created this compilation of civil appellate court practices and procedures.

The link takes you to a map of the United States. Click on your state, and you will get a breakdown of appellate procedures. The information is somewhat like a “cheat sheet” for the state’s rules of appellate procedure.

Please note that the website recommends setting your printer to “landscape” for best results.

“Supervisor” Defined by U.S. Supreme Court

04 Monday Nov 2013

Posted by Celia C. Elwell, RP in Employment Law, Harassment, Race Discrimination, Trial Tips and Techniques, United States Supreme Court

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Discrimination, Harassment, Supervisor, Title VII, United States Supreme Court

Supreme Court refines Title VII standards, by Kevin B. Leblang and Robert N. Holtzman, Kramer Levin Naftalis & Frankel LLP

http://bit.ly/1a45PkL

On June 24 2013 the US Supreme Court handed down opinions in two cases refining the standards applicable to claims under Title VII of the Civil Rights Act of 1964. First, the court ruled that only employees with the authority to hire, fire or promote the alleged victim will be considered supervisors for purposes of Title VII harassment suits. Second, the Supreme Court applied a strict and employer-friendly causation standard to Title VII retaliation claims.

If a Picture Is Worth a Thousand Words, What Are Graphics in E-Filing Worth? A Lot.

03 Sunday Nov 2013

Posted by Celia C. Elwell, RP in E-Filing, Legal Technology, U.S. Courts of Appeal

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E-Filing, Graphics

Using Graphics in Electronic Filings with Courts, by Legal Skills Prof, Legal Skills Prof Blog

http://bit.ly/19ZBhAE

What do you think about the Second Circuit’s removal of Judge Shira Scheindlin?

02 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Appellate Law, Case Law, Court Rules, Federal District Court Rules, Federal Law, Legal Ethics, Research, Trial Tips and Techniques

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New York City Police Department, Removal of federal judge, Shira Scheindlin, Stop-and-frisk program, United States Court of Appeals for the Second Circuit

As always, Judge Kopf asks an interesting question. CCE

Hercules and the umpire.

Judge Scheindlin is a New York federal trial judge who has taken senior status.* She was handling high profile cases involving New York’s “stop and frisk” practices. She issued an opinion providing remedial relief and an injunction to the folks who were challenging the police department’s practices, and up the case went to the Second Circuit. On Thursday, without ruling on the merits of the appeal, and acting on its own without a request from the appellants, the Second Circuit removed Scheindlin. The Court stated that the trial judge had violated the Code of Conduct and failed in her responsibility to uphold the appearance of impartiality (1) because of her statements to the parties regarding “related” cases and (2) because of interviews she gave to the media. The Second Circuit’s short opinion is here. Liberal legal commentators exploded in outrage. See, for example, here and here. The…

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Oklahoma Supreme Court Rules That 2011 State Abortion Law Violates Constitution

30 Wednesday Oct 2013

Posted by Celia C. Elwell, RP in Appellate Law, Oklahoma Supreme Court, State Appellate Courts, United States Supreme Court

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Abortion, Adam Liptak, Oklahoma Supreme Court, United States Supreme Court

State Court Deems Law Wide Attack on Abortion, by Adam Liptak, The New York Times (with hat tip to Howard Bashman, How Appealing Blog!)
http://perma.cc/0pTyFyfurD4

In Oklahoma Coalition For Reproductive Justice v. Cline, 2012 OK 102,
292 P.3d 27, all Justices of the Oklahoma Supreme Court concurred in a per curium opinion that this legal issue is controlled by Planned Parenthood v. Casey, 505 U.S. 833 (1992).

The Oklahoma Supreme Court held:

The challenged measure is facially unconstitutional pursuant to Casey, 505 U.S. 833. The mandate of Casey remains binding on this Court until and unless the United States Supreme Court holds to the contrary. The judgment of the trial court holding the enactment unconstitutional is affirmed and the measure is stricken in its entirety.