News & Analysis as of

Recusal

Tracking the Importance of Recusals in Criminal Cases (Part 2)

by Sedgwick LLP on

Yesterday, we began our review of the Court’s experience with recusals in criminal cases since 1994. Today, we review the second half of the data. In 2006, new Justice Corrigan recused in eleven criminal cases. Justice...more

Tracking the Importance of Recusals in Criminal Cases (Part 1)

by Sedgwick LLP on

Last week on both the Illinois Supreme Court Review and this blog, we tracked recusals, year-by-year in civil cases. This week on both blogs, we’re tracking the importance of recusals in criminal cases. ...more

Tracking the Importance of Recusals in Criminal Cases (Part 2)

by Sedgwick LLP on

Yesterday, we began our review of the Court’s experience with recusals in criminal cases. Today, we conclude our review with a look at the most recent years. First, let’s look at the importance of recusals in criminal...more

Tracking the Importance of Recusals in Criminal Cases (Part 1)

by Sedgwick LLP on

Last week, we tracked the Court’s experience, year by year, with recusals in civil cases. Recusals are potentially a serious issue in Illinois Supreme Court practice, since there’s no provision for replacing recused Justices...more

Tracking the Importance of Recusals in Civil Cases (Part 2)

by Sedgwick LLP on

Yesterday, we began our review of the Court’s history with recusals, looking at the years 1994 through 2005. Today, we address the Court’s recusals between 2006 and 2017. In 2006, Justice Corrigan recused in six cases. ...more

Tracking the Importance of Recusals in Civil Cases (Part 1)

by Sedgwick LLP on

Earlier this week over at the Illinois Supreme Court Review, we reviewed the Illinois Supreme Court’s experience with recusals in civil cases. This week, we’re addressing the same issue here at the California Supreme Court...more

Tracking the Importance of Recusals in Civil Cases (Part 2)

by Sedgwick LLP on

Yesterday, we began reviewing the data regarding the Court’s experience with recusals in civil cases, and how often recusals lead to the Court being closely divided in its decision. Today, we proceed to Part 2 of our...more

Tracking the Importance of Recusals in Civil Cases (Part 1)

by Sedgwick LLP on

Last week, we reviewed the Court’s experience with certified questions from the Seventh Circuit. This week, we begin our look at a different question: the Court’s history with recusals. Recusals are particularly important...more

Phantom Recusal Policy Leads to Partial Summary Judgment for Plaintiffs in the Ocwen Securities Litigation

In a June 13, 2017, ruling on a motion for partial summary judgment in the Ocwen Financial Corp. Securities Litigation (the “Ocwen Litigation”), the United States District Court for the Southern District of Florida determined...more

Corporate Law & Governance Update - April 2017

by McDermott Will & Emery on

The following developments from the past month offer guidance on corporate law and governance law as they may be applied to nonprofit health care organizations: OVERSIGHT OF CORPORATE CULTURE - A significant emerging...more

The Supreme Court - March, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases yesterday: Rippo v. Baker, No. 16-6316: Petitioner Michael Damon Rippo moved to disqualify the Nevada state judge who presided over his criminal...more

Supreme Court Calls for the Views of the Solicitor General in a Case That the 7th Circuit Could Not Review En Banc

by Foley & Lardner LLP on

Last summer, we wrote about a unique situation that arose in the case of Rubin v. Islamic Republic of Iran, No. 14-1935 (7th Cir. July 19, 2016), in which the Seventh Circuit found itself unable to assemble a “majority” of...more

N.C. Court of Appeals Affirms Local Government Board's Recusal of One of Its Own Members In Quasi-Judicial Proceeding

A quasi-judicial land use proceeding requires an impartial decisionmaker, like any courtroom proceeding. State law does its best to spell out what constitutes an "impermissible violation[] of due process"...more

Looking to Hire an Obama Appointee? What You Need to Know About the New OGE Rules on the Recruiting of Federal Employees

by K&L Gates LLP on

The U.S. Office of Government Ethics (“OGE”) has issued updated rules, which became effective August 25, 2016, on recruiting federal employees for private sector jobs. The revision comes at a time when many in the federal...more

Supreme Court Rules that Pennsylvania Justice's Previous Involvement in Case Represented an Impermissible Risk of Bias

by Hinshaw & Culbertson LLP on

In a recent opinion, Williams v. Pennsylvania, --- S.Ct. ----, 2016 WL 3189529 (June 9, 2016), a divided United States Supreme Court held that judges must recuse themselves in cases in which they previously played a...more

Supreme Court Says Prosecutors Can’t Judge the Cases They Prosecute

by Brooks Pierce on

Not all of the justices would put it that way. To be fair to the dissenters, and because his version is shorter, we’ll use Justice Thomas’s description of the underlying facts from his dissent in Williams v. Pennsylvania,...more

The Supreme Court - June 2016 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases on June 9, 2016: - Dietz v. Bouldin, No. 15-458: An automobile accident case went to a jury trial in federal district court. Respondent Hillary...more

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

by Foley & Lardner LLP on

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

Real Property, Financial Services & Title Insurance Update: Week Ending September 4, 2015

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Standing: party whose motion to intervene in foreclosure action was denied did not have standing to appeal final judgment of foreclosure – Market Tampa Investments, LLC. V Stobaugh,...more

Immigration Judge Forced to Recuse Herself from Cases Involving Shared Heritage

An Iranian American immigration judge has sued the U.S. Department of Justice (DOJ) after it issued an official order forcing her to recuse herself from all immigration cases involving Iranian nationals. ...more

Hell Hath No Fury Like a Patentee Scorned

In SAP America, Inc. v. Arunacgalam, IPR2014-00413, Paper 23, and IPR2014-00414, Paper 21 (December 5, 2014), the Board sanctioned pro se patent owner for her unauthorized filings in which she makes “bald, unsubstantiated...more

McKesson: Trial Judge Recuses Self From Two Remaining Issues in Transfer Pricing Case

by Dentons on

In McKesson v. The Queen (2014 TCC 266), Justice Patrick Boyle recused himself from the two remaining issues with which he was seized in the transfer pricing case – costs and the content of the court’s public file (i.e., the...more

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

by Bloomberg Law on

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

The Da Silva Moore Sideshow Seeks The Big Stage

by BakerHostetler on

Will a challenge to the use of predictive coding or technology-assisted review (TAR) disguised as a recusal fight capture the attention of the U.S. Supreme Court? Probably not....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

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