Judges

News & Analysis as of

USPTO Throws in the Towel in Dispute With Federal Judge

In an earlier post, we discussed at length the curious case of The Board of Trustees of the University of Alabama and Paul W. Bryant, Jr. v. Houndstooth Mafia Enterprises LLC et al. Surprisingly, this dispute came to an...more

Something in the Water: Flint Judge Disqualifies Himself and Staff as Theoretical Plaintiffs

In late April, U.S. District Court Judge Mark A. Goldsmith, in Concerned Pastors for Social Action, et al. v. Nick A. Kouri, et al., FlintRiverissued an interesting Order Regarding Disqualification. During an April 6, 2016...more

IP Roundtable With Chief Judge Saris

The Boston Bar Association and the Boston Patent Law Association will be hosting Chief Judge Saris of the United States District Court for the District of Massachusetts at their upcoming IP Roundtable event. The event is...more

Federal Judge vs. TTAB – Trademark Battle over Bear Bryant’s Houndstooth Hat

The case of The Board of Trustees of the University of Alabama and Paul W. Bryant, Jr. v. Houndstooth Mafia Enterprises LLC et al. showcases an unusual clash between a federal judge and the Trademark Trial and Appeal Board...more

Like Santa Claus, the IRS Keeps a List of Who Has Been Naughty or Nice: It Is the Time of Year When the IRS’s Naughty List Gets...

Every year, around the April 15 individual tax return filing deadline, a story appears in the press highlighting the tax woes of famous people. The Government undoubtedly issues these press releases to encourage taxpayers to...more

After Settlement, District Court Declines to Vacate Sanctions Order Requested by Joint Motion from All Parties

After all parties agreed to settle the case, the parties jointly moved to vacate a sanctions order. The district court declined to vacate the sanctions order, even though plaintiff's counsel had apparently complied with the...more

Who is Merrick Garland and What Does His Nomination Mean for Labor and Employment Law?

A month after U.S. Supreme Court Justice Antonin Scalia’s death, President Obama has appointed Merrick B. Garland to fill the High Court vacancy. Judge Garland currently is Chief Judge for the U.S. Court of Appeals for the...more

Writing Briefs for Judges Who Read on Screens

Even lawyers don’t generate as much paper as they used to. That doesn’t mean our tendency to use too many words has diminished. It simply means that nearly everything we write and read is now done electronically. From...more

Mass Torts Made Perfectly Convivial - the Sequel

A little over four years ago we reported on our visit to the Mass Torts Made Perfect conference in Philadelphia. MTMP is a plaintiff lawyer organization. Every year it conducts a conference in Las Vegas, where plaintiff...more

Genius like Churchill: Improving the E-Discovery Process in 2016 with Technology

Winston Churchill said, “True genius resides in the capacity for evaluation of uncertain and conflicting information.” So we here at Exterro took his advice concerning our recently released 2nd Annual Judges Survey where,...more

Spotlight on Business Courts

The New York Commercial Division celebrated its 20th anniversary in 2015. In the last 20 years, we have watched the creation and development of business courts or commercial courts within state-trial-court civil systems. The...more

Judge v. Attorney: Exterro Releases its 2nd Annual Federal Judges Survey

The digital age is sweet. The things that are a part of everyday life today were only sci-fi realities a few years ago. But the problem that comes with any age of advancement is the need for debate and analysis. Too often,...more

Should An Arbitrator Or A Judge Be The One To Decide Whether An Arbitration Is Barred By Res Judicata

There are all sorts of questions when court proceedings run alongside an arbitration dispute. Who decides issues that cut across both? Judge? Arbitrator?...more

The Assignment of Visiting Federal Judges, and a Little Wisconsin Judicial History

A decision from the U.S. Court of Appeals for the D.C. Circuit earlier this month, Wrenn v. District of Columbia, D.C. Cir. No. 15-7057, is a reminder of the crucial importance of crossing t’s and dotting i’s when it comes to...more

News from Second and State – 2015 Year in Review

The end of 2015 marks the half-way point of the 199th Legislative Session, and what a year it’s been. We welcomed a new gubernatorial administration and many new members to the Pennsylvania General Assembly. We’ve seen...more

Legal Process Management: A Value-Driven Approach

What is Legal Process Management? Legal Process Management applies continuous improvement and change management principles to legal processes, maximizing both the micro- and macro-effects of those changes with the end...more

Irresponsible to Criticize Judge Who Ruled Correctly

As lawyers, we frequently disagree with the decisions of judges. The federal and state constitutions protect our right to express our disagreement and provide a mechanism to appeal decisions. Judges have no control over which...more

You CAN Get A Ruling From A Superior Court Judge After Your Case Is Designated To The Business Court

I wrote yesterday about the arbitration aspects of Gaylor, Inc. v. Vizor, LLC, 2015 NCBC 98. But there is a significant aspect of Business Court procedure addressed in that case which deserved its own post....more

Worth Another Look: 2015 Judicial Races

There are just about two weeks until Election Day, and while Pennsylvania’s municipal and judicial elections (those held in odd-numbered years) aren’t typically news makers, this year is a little different. Most notably,...more

NC Legislative Update for September 2015 #3

This Week - After passing the State’s biennial budget into law last week, the legislature turned its focus towards adjournment. The Senate unveiled an adjournment resolution which would adjourn the session on Tuesday,...more

Understanding the benefits of a private judge in California

Civil litigants, how would you like to have a process that allows the parties to determine the decision-maker, preserves all civil remedies and appellate rights and ensures effective case management and hearing and trial...more

FTC Commissioner Wright and D.C. Circuit Judge Ginsburg Criticize Second Circuit’s Actavis Ruling

We have been following developments in People of the State of New York v. Actavis, the New York Attorney General’s “product hopping” suit against Actavis and its subsidiary, Forest Laboratories LLC (together, “Actavis”). Now,...more

Westfield's Three-Branch Pierce Begins Sunset Ride with Blessing from Supremes

If you held a high position in the judiciary and were doing a bad job, I don’t think the Massachusetts Supreme Judicial Court would issue a press release saying good things about you when you filed for retirement. No, in...more

California Governor Brown Appoints David McCray as a Justice on California Courts-Martial Appellate Panel

On August 4, California Governor Brown announced that he appointed David McCray, Of Counsel at Beveridge & Diamond, as a justice on the California Courts-Martial Appellate Panel. The panel, which was created in 2013, is made...more

Can a Magistrate Appoint a Receiver?

QUESTION: Can a magistrate appoint a receiver? ANSWER: While an arbitrator cannot appoint a receiver, Marsh v. Williams, 23 Cal. App 4th 238 (1994), a magistrate can....more

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