Judges

News & Analysis as of

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

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

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