Judges

News & Analysis as of

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

New Jersey Establishes Complex Business Litigation Program

The Supreme Court of New Jersey has announced the establishment of a Complex Business Litigation Program, effective January 1, 2015, with designated judges in each county assigned to provide individualized case management to...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

Resolving the Judicial Manager/Judicial Judge Debate: So What Would Help? Part 4 of a 4-part series

Make meaningful the provisions for summary judgment and motions to dismiss for failure to state a claim. The federal courts have moved in that direction with plausibility requirements for pleadings, and their reversion to...more

Status Updates - September 2014 #8

..Pin Money. Brands of all sizes have long used the virtual pin board/social media site Pinterest to promote their wares and drive traffic to their web sites. Beginning in October 2014, companies will be able to purchase paid...more

Resolving the Judicial Manager/Judicial Judge Debate: Theories and Fads of Civil Procedure Part 3 of a 4-part series

Now consider the fads, the procedural systems for presenting the case to the courts over the last 100 years. A. Forms Of Action Or Code Pleading. Pleadings were detailed recitations of the facts the lawyer believed or...more

Resolving the Judicial Manager/Judicial Judge Debate: The Effect of Early Issue Resolution - Part 2 of a 4-part series

First, let me disavow any intention tell you about “the good old days.” I fully agree with the definition of nostalgia as, “the art of forgetting the parts that sucked.” But here is a scenario from the demurrer days before...more

Don’t Expect a Drop-Off in Patent Litigation

In July 2011, Congress launched the Patent Pilot Program. This program allows a small number of judges within a district court to take on the lion’s share of patent cases within the district, with the hope that these judges...more

Status Updates - July 2014 #14

..Going mainstream. For the first time, both Twitter and Facebook are seeing significant growth in online advertising placed by major companies for brands such as Heineken, Tide, McDonald’s, and Charmin. Major consumer...more

Inside the Mind of the Judge: Part V - How Trial Judges Decide Cases

This article will explore the process by which trial judges reach decisions. It is not an exhaustive discussion but rather an overview. The process is indeed complex and will take some time to detail. However, I must stress...more

Governor Brown Taps Cuellar to Fill Latest Vacancy on California Supreme Court

Governor Jerry Brown has nominated Stanford law professor Mariano-Florentino Cuellar to fill the most recent vacancy on the California Supreme Court created by the impending retirement of Justice Marvin Baxter. Cuellar is “a...more

EOIR Seeks to Designate Temporary Immigration Judges

The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They...more

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