Judges

News & Analysis as of

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Public Hearings on Governor’s Tax Reform Proposal Complete - This week, the Appropriations...more

To Remove or Not to Remove in Massachusetts?

I frequently am asked whether a company sued in Massachusetts state court would be better off in federal court. Despite the common perception that defendants in any state are always better off in federal court, there has...more

Federalism and States' Rights -- A Never Ending Battle

Is Alabama Chief Justice Roy Moore out of touch with reality? How can a State Supreme Court Judge defy the ruling of a United States District Court? Because he feels he can. Remember Little Rock, Arkansas in 1954 and the...more

Tax Tribunal Issues Critical Ruling Regarding Scope of Judge's Authority

Chief Judge Bill Thompson of the newly-established Alabama Tax Tribunal has issued his first ruling involving the scope of his authority as a judge when the taxpayer did not specifically raise an argument or defense in its...more

News from Second and State

Gov. Wolf continued to make headlines this week, this time with his activities in and around the judiciary. On Wednesday, the governor and newly-appointed–then-promptly-removed Open Records Director Eric Arneson had their day...more

$1 Million Punitive Damages Award in New Jersey Asbestos Case

A $7.5 million verdict was rendered on January 15, 2015, by a Middlesex County jury in the matter of Condon v. Advanced Thermal Hydronics, et al., Docket No.: MID-L-5695-13AS, Superior Court of New Jersey, Law Division,...more

Immigration Judge Forced to Recuse Herself from Cases Involving Shared Heritage

An Iranian American immigration judge has sued the U.S. Department of Justice (DOJ) after it issued an official order forcing her to recuse herself from all immigration cases involving Iranian nationals. ...more

Court Of Appeal Reinforces Trial Judge’s “Widest Discretion” When Awarding Costs Under CPR 44

In Coward v Phaestos Ltd & ors [2014] EWCA Civ 1256, 2 October 2014, the defendants were awarded their costs, having obtained significantly more in their counterclaim than that provided for by the claimant’s rejected...more

More Confusion in Wisconsin's Supreme Court?

We wrote earlier this week about the new opinion drafting procedure in Wisconsin’s supreme court. To recap, the state’s justices voted 4-3 earlier this term to impose deadlines on the drafting process, presumably in response...more

Wisconsin Supreme Court Puts Some Teeth Into Opinion Drafting Rules

An unusual thing happened earlier this month at the Wisconsin Supreme Court. Ramon Gonzalez, an inmate, was tried for a fight in the Milwaukee County Jail. To assist the jury in identifying Gonzalez as a participant in the...more

Senate Approves Judicial Nomination of Elizabeth Dillon

The Western District of Virginia has a new judge. Yesterday, the US Senate confirmed the nomination of Salem attorney Elizabeth Dillon to replace Judge Wilson, who retired in August. Judge Dillon will be the first...more

Update: TCC and FCA Appointments

Tax Court of Canada - Associate Chief Justice Eugene Rossiter has been appointed as the next Chief Justice of the Tax Court of Canada. Justice Rossiter replaces current Chief Justice Gerald Rip, who has elected to...more

Nevada Poised To Increase Output Of Reported Decisions

In November, the voters of Nevada approved Question 1 which amended Article 6 of the Nevada Constitution to create an intermediate Court of Appeals. California’s intermediate court is styled the Court of Appeal (no “s”). ...more

See the Forest for the Trees

Most litigators who have been practicing for more than a few years can recite for you a list of what judges dislike. It is not hard to learn. Read judicial opinions, take in hearings, attend seminars with judges on the...more

Don't Try To Get A Retired Business Court Judge's Orders Changed Or Overruled By A Successor Business Court Judge

When there is a change in the Business Court Judge handling your case, there is probably a natural reaction to try to get the new Judge to revisit rulings by the previous Judge which were unfavorable to your client. That...more

The Crisis of New Jersey Courts and the Challenge to Judicial Recall

At the very core of judicial independence is the notion that courts and judges decide matters in accordance with the evidence and legal precedent, independent from political power or outside controls. The question of whether...more

Georgia District Courts Gain Four Judges -- Three in the Northern District and One in the Middle District

In votes held last night and last Thursday, the U.S. Senate confirmed four judicial appointees for the Georgia district courts, a welcome sight for the federal bench and bar. The Northern District in particular had been in...more

PTAB Does Not Rely on District Court’s Markman Decision in Construing Claim Terms

SAP America, Inc. v. Arunachalam - Addressing allegations of impropriety of district court judges that purportedly led to a “tainted” claim construction ruling, the U.S. Patent and Trademark Office’s Patent Trial and...more

Allegation That Court Itself Was Victim Of Fraud Causes Federal Judge To Recuse Himself, All Other Judges In The District

The biggest litigation you’ve probably never heard, the Moonlight Fire litigation, just took another twist. Following a huge Northern California wildfire, the State and the Feds sought tens of millions in damages from...more

2014 Election Results, Texas Appellate Edition

Republicans continued their dominance of statewide judicial races in yesterday’s election, with Chief Justice Nathan Hecht and Justices Jeff Brown, Jeff Boyd, and Phil Johnson winning new six-year terms on the Texas Supreme...more

Delaware Program Struck Down: Independent Legal Counsel Still Best Avenue for Private Arbitration

The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts...more

California’s Second and Fourth Appellate Districts Split Over Who Should Decide Whether Agreement Authorizes Class Arbitration –...

In Network Capital Funding Corporation v. Papke, G049172, 2014 WL 5035099 (Cal. Ct. App. Oct. 9, 2014), the California Court of Appeal for the Fourth Appellate District declined to follow the reasoning of the Second Appellate...more

One Superior Court Judge Overruling Another?

You are all familiar with the old adage that "one Superior Court Judge cannot overrule another Superior Court Judge." But apparently there is at least a little bend in that rule, as illustrated by Judge Bledsoe's opinion...more

Reasons You May Want to Change the Judge in Your Debt Collection Lawsuit

Judges are people too. And often, particularly in the Arizona Justice Court System, the judge assigned to your case can greatly impact the outcome of your debt collection lawsuit. Judges each come to the bench with their...more

Unified Patent Court – Status Update

Status – “No earlier than late 2015” - As reported earlier the new UPC will go live after 13 member states in the EU, including the UK, France and Germany, ratify the agreement....more

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