Stop-And-Frisk Judge Removed, Fights Back
Bill on Bankruptcy: US Airways Need a Merger More than AMR
Bill on Bankruptcy: Supreme Court Cases Will Have Wide Impact
Judge Learned Hand, American Idol?
PTAB Judges and Hearings at the USPTO Satellite Offices
What happens when appellate judges know an appeal should be allowed but counsel have not argued the proper basis to do so? The Ontario Court of Appeal faced this issue in Dasham Carriers Inc. v. Gerlach. The case concerned...more
Parties engaged in litigation against the State of Michigan in the Court of Claims will do so under new jurisdictional rules that were signed into law on November 12, 2013. The law, PA 164, moves the Court of Claims from the...more
Nov. 7 (Bloomberg Law) -- Last month a federal appellate court panel put a hold on changes to the New York Police Department's stop-and-frisk practices and created a controversy by removing Judge Shira Scheindlin who had...more
The Third Circuit ruled last week that Delaware’s Chancery Court could not offer its judges’ services as neutral arbitrators in its courtrooms, unless those arbitrations were open to the public.
In 2009, the Delaware...more
Eminent domain actions are unique in that "the court, rather than the jury, typically decides questions concerning the preconditions to recovery of a particular type of compensation, even if the determination turns on...more
New ALJ and OUII director will have impact on future ITC investigations.
On September 23, the U.S. International Trade Commission (ITC) announced that Sandra (Dee) Lord will join the ITC as an Administrative Law Judge...more
The Chief Judge of the U.S. Court of Appeals for the Seventh Circuit, Diane Wood, recently delivered a speech provocatively titled "Is It Time to Abolish the Federal Circuit's Exclusive Jurisdiction in Patent Cases?" While...more
Beware the law of unintended consequences. The Texas high court has just denied review of a court of appeals opinion in a case that began as a defamation action brought by a Texas state court judge against a Dallas-area...more
Eminent domain attorneys struggle with a concept foreign to most civil litigators: figuring out the roles of the judge and jury. Even most non-attorneys know the basic rule of trial: the jury is the "fact-finder." But in...more
Aug. 15 (Bloomberg) -- The strength of the U.S. Justice Department's antitrust suit to block the merger between AMR Corp. and US Airways Group Inc. is the first topic on the video with Bloomberg Law's Lee Pacchia and...more
Jury instructions obviously are important in winning the case before the jury. ...more
With the advent of electronic social media “ESM”, Judges are no stranger to communications through social media sites such as Facebook....more
At both the state and federal levels, our judicial system has been impacted by three significant developments. First, for a number of reasons, most importantly economic, there is an inadequate number of sitting judges dealing...more
On June 24, 2013, the International Trade Commission (“ITC”) announced a pilot program for early adjudication of potentially-dispositive issues in investigations. The pilot program is part of ongoing efforts by the ITC to...more
With the Illinois Supreme Court halfway through its oral argument schedule for 2013 – three dockets down, three to go, beginning with September in Chicago – it’s time to take another look at the questions log....more
Government investigations of companies typically end in settlements. These may be civil in nature, in which companies commonly agree to pay money and take remedial measures to deter and prevent the misconduct that the...more
One exceedingly difficult message to convey to clients is this: A judge may not view your case as importantly as you do....more
June 27 (Bloomberg) -- The two bankruptcy cases going before the U.S. Supreme Court in the term beginning in October are the first topics of conversation on the video with Bloomberg Law's Lee Pacchia and Bloomberg News...more
On May 28, 2013, the New York Advisory Committee on Judicial Ethics issued an opinion stating "that the mere status of being a 'Facebook friend,' without more, is an insufficient basis to require recusal." (Emphasis in...more
Four years, eight judicial opinions, and a trip to the Supreme Court later, the CFC—on remand from the Federal Circuit’s decision finding liability—has finally ruled on what back pay the federal judges can recover. Beer v....more
June 17 (Bloomberg) -- Judge Learned Hand was an esteemed jurist and had perhaps the best name of any judge ever. But did you know he could also rock the mic?
Professor Ross Davies, of the George Mason University School of...more
Contrary to what we have all been told since grade school, in Cojocaru v British Columbia Women’s Hospital and Health Centre the Supreme Court of Canada decided that copying might not necessarily always be wrong. This...more
Forgive me, as a former federal prosecutor for 17 years, it is hard to watch the Jodi Arias trial, not because she is guilty and deserves the death penalty but because of the incredibly poor performance by Judge Sherry...more
On March 15, 2013, Richard G. Taranto was sworn in by Chief Judge Randal Rader of the U.S. Court of Appeals for the Federal Circuit. Taranto becomes the newest member of the Federal Circuit which hears appeals for the U.S....more
Recovery Audit Contractors (“RACs”) and other Centers for Medicare and Medicaid Services (CMS) contractors are charged with identifying overpayments made by Medicare to healthcare providers. However, with the increase in RAC...more