Category Archives: Judges

Judges and Political Campaign Contributions in Pennsylvania.

11 Saturday Jan 2014

Posted by in Appellate Law, Campaign Contributions, Judges, Massachusetts Supreme Court, State Appellate Courts

≈ Comments Off on Judges and Political Campaign Contributions in Pennsylvania.

Tags

, , , , , , , , ,

Campaign Contributions and Judicial Recusal in Pennsylvania, by James M. Beck, Drug and Device Law (with hat tip to Daniel Cummins, TORT TALK)

http://tinyurl.com/kpoy6w8

Have you ever been hammered in court, and then learn that the judge has received large – maybe Texas-sized – political campaign contributions from opposing counsel?  We have, and it’s not a good feeling.

Texas Supreme Court Embraces Email and Amends Civil Procedure Rules.

08 Wednesday Jan 2014

Posted by in Court Orders, Court Rules, Emails, Legal Technology, Texas Supreme Court, Trial Tips and Techniques

≈ Comments Off on Texas Supreme Court Embraces Email and Amends Civil Procedure Rules.

Tags

, , , , , ,

Texas Supreme Court Decides Email is Here to Stay, Amends Rules of Civil Procedure Accordingly, by Frank O. Carroll III, TexAppBlog

http://tinyurl.com/jwrwy7u

When it comes to civil courts in Texas, the theme for 2013 was “fast-tracking.” The Texas Rules of Civil Procedure saw a number of changes related to triaging and expediting low-dollar controversies and eliminating “frivolous” cases early in the litigation process. While limiting requests for production and depositions in cases under $100,000 is all well and good, civil courts in Texas face much greater problems on a day-to-day basis.

One such problem is the underutilization of technology. Before 2014, email didn’t exist as far as the Texas Rules of Civil Procedure were concerned, electronic filing by fax was the equivalent of placing an envelope in the mail, and FedEx was a great way to send birthday gifts, but an unacceptable way to send discovery requests. But a new day has dawned, and 2014 is upon us…

“Hercules and the Umpire” and Other Judges’ Blogs.

04 Saturday Jan 2014

Posted by in Judges

≈ Comments Off on “Hercules and the Umpire” and Other Judges’ Blogs.

Tags

, , , , , , , , , ,

Federal Judge Hangs Up His Blogging Robes, by Robert Ambrogi, Robert Ambrogi’s Law Sites

http://tinyurl.com/ktmc7dd

Last summer, Law Technology News published my article, Blogging From the Bench, in which I surveyed the fairly paltry number of judges who blog. In a subsequent post here, I added more blogging judges.

Prominently featured in the LTN piece was Senior U.S. District Judge Richard Kopf, who last February launched the blog Hercules and the Umpire and quickly found notoriety when he published a post in which he declared, ‘A lot of what the Supreme Court does is simply irrelevant to what federal trial judges do on a daily basis.’

Yesterday, after writing 416 posts in the last year that generated some 425,000 page views and 3,700 comments, Judge Kopf announced the end of his blog.

Courtroom Body Language – How to Read It and Use It In Court.

04 Saturday Jan 2014

Posted by in Closing Argument, Cross-Examination, Direct Examination, Experts, Judges, Jury Selection, Opening Argument, Trial Tips and Techniques, Voir Dire, Witness Preparation

≈ Comments Off on Courtroom Body Language – How to Read It and Use It In Court.

Tags

, , , , , , ,

Tips For Reading And Managing Courtroom Body Language, by Legal Skills Prof, Legal Skills Prof Blog

http://tinyurl.com/k7uxpr7

The most brilliant trial attorneys seem to have a natural instinct for reading people, knowing intuitively what a nod from a juror or glance from a judge implies. For the rest of us, there’s this handy cheat sheet that breaks down some of the most common body language exhibited in the courtroom. You can use it to modulate your own behavior, train your client, or gain additional insight into opposing counsel, judge and jury.

Texas’ Backlog of Federal Judicial Vacancies.

29 Sunday Dec 2013

Posted by in 5th Circuit Court of Appeals, Judges, Texas Supreme Court

≈ Comments Off on Texas’ Backlog of Federal Judicial Vacancies.

Tags

, , , , , , , ,

English: Seal of Texas

Senate’s ‘Nuclear Option’ Won’t Help Clear Backlog Of Texas Judicial Vacancies, by Todd J. Gillman, The Dallas Morning News (with hat tip to Howard Bashman, How Appealing Blog!)

http://tinyurl.com/mxklpsw

Federal courts that handle Texas cases have nine vacancies and until last week, no nominees, accounting for more than 20 percent of empty benches nationwide. One of those came open more than five years ago.

The predictable result: backlogs and delays, especially in civil cases.

“The nuclear option will not change the logjam. The White House is not going to nominate anyone from Texas until it’s clear the senators will approve them,” said Royal Furgeson, dean of the University of North Texas Law School in Dallas, planned to open next year.

He called the persistent vacancies ‘a giant problem,’ and he would know; he’s the judge who stepped down in November 2008 from a San Antonio trial court.

Deleting Legalese and Using Clear Language in Legal Writing.

22 Sunday Dec 2013

Posted by in Bad Legal Writing, Brief Writing, Court Orders, Legal Writing, Legalese

≈ Comments Off on Deleting Legalese and Using Clear Language in Legal Writing.

Tags

, , , , , , , ,

Lawyers Should Use Plain Language, by Carol M. Bast (published in October 1995 Florida Bar Journal)

http://www.michbar.org/generalinfo/plainenglish/PDFs/85_oct.pdf

I have often heard the excuses for using legalese. Clients expect it. It sounds better and well, just, more “legal.” Would it surprise you to know that there is no statute, case law, court rule, or other legal authority that requires legalese? There simply isn’t.

I also have heard the excuse that legalese impresses the court. It sounds more official. Did your brief win because it sounds more pompous or because your argument was more clearly explained and understood by the court? To illustrate that point, please read this Court Order posted by Lowering the Bar Blog:

http://abovethelaw.com/uploads/2012/11/Merryday-Order.pdf

If you need further proof of dropping legalese in legal writing, see this compilation of outstanding articles by members of the Plain English Subcommittee of the State Bar of Michigan. It is a valuable motherload of articles of clear writing, and well worth studying by anyone who aspires to write well. -CCE

http://www.michbar.org/generalinfo/plainenglish/

Feel the Need For A Kindergarten Refresher? Judge Sam Sparks Arranges Opportunity for Unfortunate Counsel.

03 Tuesday Dec 2013

Posted by in Court Rules, Discovery, Judges, Sanctions, Subpoenas

≈ Comments Off on Feel the Need For A Kindergarten Refresher? Judge Sam Sparks Arranges Opportunity for Unfortunate Counsel.

Tags

, , , , ,

Judge Defends “Kindergarten” Order, by Nathan Koppel, Wall Street Journal Law Blog

http://blogs.wsj.com/law/2011/09/27/austin-judge-defends-his-kindergarten-order/

Are Judges Are Killing the Civil Rights Act of 1964?

27 Wednesday Nov 2013

Posted by in Affirmative Action, Courts, Employment Law, Judges, Race Discrimination, Research, Trial Tips and Techniques

≈ Comments Off on Are Judges Are Killing the Civil Rights Act of 1964?

Tags

, , , , , ,

President Lyndon B. Johnson signs the 1964 Civ...

When it comes to employment cases, judges are killing the Civil Rights Act of 1964, by the Hon. Richard George Kopf, Hercules and the umpire Blog

http://tinyurl.com/phw85vu

After providing some background about rulings on employment cases, Judge Kopf reveals that:

[M]y summary judgment dismissal rate was higher than the aggregate rate for the Northern District of Georgia. That is, my dismissal rate was four points higher than the rate in the Northern District of Georgia (86% v. 82%). That caused me to write this: “The fact is that the law on summary judgment motions in employment cases favors the granting of summary judgment motions in a high percentage of the cases and, not surprisingly, that is what you see happening in the Northern District of Georgia and with ‘yours truly’ too.”

*     *     *

 [V]ince Powers, my friendly nemesis, advised me about a powerful article that Nancy Gertner has written on this subject. Gertner now teaches law at Harvard, and was for many years one of the most distinguished federal trial judges in the nation. She is also a really great person with a warm and funny sense of humor. Here is Nancy’s article. I urge you to read what she has written. It will make you think hard.

If you have trouble accessing the link to the Nancy Gertner’s article, you can find it here: http://tinyurl.com/olfpxdz. CCE

Judge Sparks on Fire — Again.

23 Saturday Nov 2013

Posted by in Depositions, Discovery, Judges, Legal Writing, Subpoenas, Texas Supreme Court

≈ Comments Off on Judge Sparks on Fire — Again.

Tags

, , , , , , , ,

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.’

Judge Scheindlin and the Second Circuit to date.

12 Tuesday Nov 2013

Posted by in Case Law, Court Rules, Federal District Court Rules, Judges, Research, Statutes, Trial Tips and Techniques

≈ Comments Off on Judge Scheindlin and the Second Circuit to date.

Tags

, , , , ,

I have been following the updates about Judge Scheindlin on Judge Kopf’s blog, Hercules and the umpire. If you recall, this series began with Judge Scheindlin’s ruling on the current stop-and-frisk law in her jurisdiction, and her subsequent, hasty, and unprecedented (to my knowledge) removal by the Second Circuit of the Court of Appeals.  All related posts are below, and start with the first post by Judge Kopf. The Comments are equally interesting. CCE

What do you think about the Second Circuit’s removal of Judge Shira Scheindlin? – http://bit.ly/1cyvhiH (Posted here on November 2, 2013)

 A Cheat Shot – http://herculesandtheumpire.com/2013/11/03/a-cheap-shot/

More on “relatedness,” Judge Scheindlin and the Second Circuit — http://bit.ly/1cTmax4

In answer to Scott H. Greenfield regarding the Second Circuit’s treatment of Judge Scheindlin — http://bit.ly/17EEqZ9

“Do not go gentle into that good night . . . ” Dylan Thomas and Judge Scheindlin – http://bit.ly/1a39Re3

The filing by counsel for Judge Scheindlin — http://bit.ly/1c1GXcL

Kopf’s questions about the continuing but utterly depressing cage match at the Second Circuit? — http://bit.ly/1blVy2F

End it quickly – http://herculesandtheumpire.com/2013/11/11/end-it-quickly/ (Posted here on November 12, 2013)

A must read essay on Judge Scheindlin and the Second Circuit — http://bit.ly/19XlseL  (Posted here on November 12, 2013)

Judge Scheindlin was wrong to enter the fray at the Second Circuit — http://bit.ly/1eJ21tw

Pennsylvania Supreme Court Uninsured Motorist Benefits Case Enforces 30-Day Notice Requirement

05 Tuesday Nov 2013

Posted by in Court Orders, Personal Injury, Uninsured Motorist

≈ Comments Off on Pennsylvania Supreme Court Uninsured Motorist Benefits Case Enforces 30-Day Notice Requirement

Tags

, ,

Pennsylvania Supreme Court Revisits Notice Requirement in UM Cases, by Daniel E. Cummins, TORT TALK

http://www.perma.cc/085wjhMSgfT

In an uninsured motorist benefits case that has gone all the way up the appellate ladder, back down again, and, now, all the way back up, the Pennsylvania Supreme Court in the matter of Vanderhoff v. Harleysville, No. 98 MAP 2012 (Pa. October 30, 2013)(Opinion by Eakin, J.), the court addressed the following issues:

(1) What constitutes “actual prejudice” to relieve and insurance company of its obligation to pay insurance benefits to an insured?

(2) Should “actual prejudice” involve proof by an insurance carrier that it suffered a real material impairment of its ability to investigation and defend an uninsured claim?

(3) What constitutes a reasonable basis for a trial court finding that prejudice exists in a late report of a phantom vehicle?

In its majority Opinion, the Court essentially held that all three issues are really part of the same test.

Persuade Judges by Replacing Large Block Quotations With Concise Legal Analysis

19 Saturday Oct 2013

Posted by in Bad Legal Writing, Judges, Legal Writing, Quotations

≈ Comments Off on Persuade Judges by Replacing Large Block Quotations With Concise Legal Analysis

Tags

, , ,

Lazy Quotes, by Trent M. Latta, NWSidebar
http://nwsidebar.wsba.org/2013/04/25/lazy-quotes/

Comprehensive Discussion of Trial Procedure and Techniques

19 Saturday Oct 2013

Posted by in Closing Argument, Cross-Examination, Direct Examination, Evidence, Judges, Jury Selection, Making Objections, Opening Argument, Trial Notebooks, Trial Tips and Techniques

≈ Comments Off on Comprehensive Discussion of Trial Procedure and Techniques

Tags

, , , , , , , , ,

Everything You Ever Wanted To Know About Trial Procedure And Tactics, by James A. Tanford, Indiana University School of Law
http://www.law.indiana.edu/instruction/tanford/web/reference/basictactics.html

Newly Retired Texas Chief Justice Criticizes Judicial Election System in Texas

18 Friday Oct 2013

Posted by in Election Laws, Judges

≈ Comments Off on Newly Retired Texas Chief Justice Criticizes Judicial Election System in Texas

Tags

, , , ,

‘A Broken System’: Texas’s Former Chief Justice Condemns Judicial Elections, by Andrew Cohen, The Atlantic
http://bit.ly/16U9ykI

Legal Writing

13 Sunday Oct 2013

Posted by in Brief Writing, Citations, Court Orders, Legal Writing

≈ Comments Off on Legal Writing

Tags

, , ,

A Manual for Writing Legal Opinions, Legal Skills Prof Blog
http://bit.ly/1cdVyDb

How U.S. Fifth Circuit Read Briefs, by Raymond Ward, Louisiana Civil Appeals Blog
http://bit.ly/16waJGQ
(Also mentioned by Jeff Richardson in his post on iPhone J.D. Blog under Legal Technology.)

How Many Cases Should I Cite?, by Legal Writing Prof, Legal Writing Prof Blog
http://bit.ly/16vykHJ