Judges

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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

Florida's High Court Limits Role of Senior Judges Serving as Mediators

On June 19, 2014, the Florida Supreme Court amended the Code of Judicial Conduct and six rules of procedure relating to senior judges who also serve as mediators. ...more

Welcome Judge Bledsoe To The NC Business Court

Charlotte attorney Louis A. Bledsoe, III has been appointed by Governor Pat McCrory as a Special Superior Court Judge, and NC Supreme Court Justice Sarah Parker has designated him as a Special Superior Court for Complex...more

Docs @ BIO: Hello, I Must Be Going - Judge Randall Rader Says Goodbye at BIO

Last week, Judge Randall R. Rader, until recently Chief Judge of the Court of Appeals for the Federal Circuit, opened a day-long session on Intellectual Property Law by saying farewell. In a speech at varying times...more

Changing of the Guard at State’s High Court

The California Supreme Court is undergoing a few changes. Justice Joyce L. Kennard has retired and has not yet been replaced. And Justice Marvin R. Baxter is leaving at the end of the year. Much has already been written about...more

Virginia Senators Recommend New Judges For WDVa

Virginia's United States Senators have recommended Martinsville attorney Ward Armstrong and Salem attorney Elizabeth Dillon to be appointed as the new judge in the Western District of Virginia. The nomination will be for...more

Weekly Update from the SC State House - May 2014: The House joined the Senate for a Joint Assembly on Wednesday to elect a number...

Details from Each Chamber: HOUSE - The House worked through the Calendar this week, joining the Senate for a Joint Assembly on Wednesday to elect a number of judges. Tuesday, the House cleared some of their...more

Is Your Judge Right for Your Case?

Barry P. Goldberg, evaluates this question in every case he files on behalf of his injured clients. There is no magic formula for picking the right judge. More accurately, there is no set rule for which judge to reject and...more

What We Learned About the Illinois Supreme Court in 2013

With the publication of "The Behavior of Federal Judges," by Lee Epstein, William M. Landes and Judge Richard A. Posner, rigorous statistical analysis of the appellate courts is beginning to move from academic publications to...more

The Path to the Bench: Interviews with Women Appellate Judges

State and federal appellate judges offer their advice for women considering a career on the bench. Margaret McKeown, Judge, U.S. Ninth Circuit Court of Appeals (1998–present) Q: What was your path to the...more

Creation of International Commercial Arbitration (ICA) Subsection

In an Administrative Order dated December 3, 2013, the Chief Administrative Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Honorable Bertila Soto, announced the creation of an International...more

Court of Appeal Provides Valuable Guidance on Jackson Reforms

Lord Justice Jackson’s recommendations, which were by and large implemented in their entirety and came into force on 1 April 2013, were intended to be “a coherent package of interlocking reforms, designed to control costs and...more

Administrative Law Judge “Anti-intellectual?”

Clearly annoyed, the 7th Circuit Court attacked an ALJ’s ruling on expert evidence as “circular,” “unscientific” and “anti-intellectual.” At issue was a conflict between the prevailing medical view on the cause of elbow...more

Justice Rubin Tackles the Amorphous “Abuse of Discretion” Standard

Today, Division Eight of the Second Appellate District of California issued its decision in Gaines v. Fidelity National Title Insurance Company (Dec. 12, 2013 B244961). The case involved the dismissal of a fraud case in the...more

Dasham Carriers Inc. v. Gerlach: Allowing an Appeal for Reasons Not Argued by Appellant

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

Significant Changes for Michigan Court of Claims

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

Stop-And-Frisk Judge Removed, Fights Back [Video]

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

3d Circuit Says Delaware Can’t Have Secret Arbitrations By Judges

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

The Use of a Legal Issues Motion in Eminent Domain Proceedings

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

ITC Taps New Administrative Law Judge and OUII Director

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

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