Judges

News & Analysis as of

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

In Defense of the Federal Circuit: A Response to Judge Wood

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

Be Careful With That Axe -- Texas Breaks New Ground in Defamation Turned Court Records Case

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

The Continuing Effort to Define the Line Between Court and Jury Roles in Eminent Domain

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

Bill on Bankruptcy: US Airways Need a Merger More than AMR  [Video]

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

22 Tips For Improved Jury Instructions

Jury instructions obviously are important in winning the case before the jury. ...more

Judge “X” Has Added You As A Friend

With the advent of electronic social media “ESM”, Judges are no stranger to communications through social media sites such as Facebook....more

Special Masters In A Transformative Legal Age

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

International Trade Commission Takes Steps to Promote Early Adjudication of Dispositive Issues

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

Illinois Supreme Court: The Questions Log Halfway Through 2013

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

Litigation: The expanded role of courts in settling government investigations - A growing number of federal judges are closely...

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

Bill on Bankruptcy: Supreme Court Cases Will Have Wide Impact [Video]

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

To Friend, or Not to Friend: That is the (Judge's) Question

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

U.S. Court of Federal Claims Awards Federal Judges Back Pay, With Interest

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

Judge Learned Hand, American Idol? [Video]

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

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