Judges

News

Amid Kavanaugh Clash, Law Profs Say Appearance Has No Place in Clerkship Recruiting

Karen Sloan | September 21, 2018

If Yale Law professor Amy Chua and Jed Rubenfeld really did counsel students that U.S. Supreme Court nominee Brett Kavanaugh prefers female clerks with conventional good looks, then the professors failed in their role to look out for students' best interests, academics said.

News

Death Row Inmates Alleging Judge Was 'Impaired' at Trials Lose on Appeal

John Council | September 17, 2018

The U.S. Court of Appeals for the Fifth Circuit has turned down the appeals of two death row inmates who argued their convictions should be overturned because their trials were presided over by a disgraced former federal judge whom they allege was “impaired” during their proceedings.

News

Dallas Attorney Kicked Off NRA Case for Failure to Disclose $177K Sanction

John Council | September 13, 2018

A Virginia federal judge has prevented prominent Dallas attorney William Brewer III from representing the NRA in a contract dispute with an insurance company after the lawyer failed to disclose to the court that he was sanctioned for ethical violations in Texas.

News

Courthouse Asbestos Claim by Trial Judge's Widow Rejected on Appeal

John Council | September 12, 2018

The case, Jefferson County v. Farris, concerns the death of James Farris, who served as judge of the 317th District Court from 1977 until his retirement in 1996.

News

Texas Judge Wants to Spike DACA, But He Won't Enjoin It

Ellis Kim | August 31, 2018

In declining to issue a preliminary injunction against DACA, U.S. District Judge Andrew Hanen said he believed the plaintiff states have shown a likelihood to succeed on their claims that DACA violated the Administrative Procedure Act.

News

Judge’s Order Rules Out 'Rambo Tactics' in Alleged Theft of Trade Secrets Suit

Mary Alice Salmon | August 20, 2018

U.S. District Judge Fred Biery began his seven-page order with a quote from Elvis Presley: “Truth is like the sun. You can shut it out for a time, but it ain’t going away.”

News

Former Houston Judge Disciplined for Jailing Mentally Ill Rape Victim Before Trial

John Council | August 14, 2018

A special court of review has approved the public admonishment of a former Houston state district court judge who ordered a mentally ill sexual assault victim jailed in order to secure her testimony at trial, a move that led to the woman being attacked by an inmate while in custody.

News

'Unauthorized' Removal in Asylum Case Draws Judge's Ire, Sparks Procedure Review

Ellis Kim | August 13, 2018

“While we were in the air, no one told me anything about what was happening. It was not until we landed in my home country that an official asked me my name and whether I was appealing my case," the plaintiff recounted in a declaration filed Monday.

News

RBG Action Figure Launched Through Copious Crowdfunding

Angela Morris | August 09, 2018

The doll's features include the justice’s signature jabot, righteous robe and a hardwood gavel "to bring order to your life."

News

Houston Judge Issues Order Granting Pregnant Lawyers Automatic Trial Stays

John Council | August 08, 2018

Judge Ravi Sandill said he came up with the idea after reading about a pregnant Florida lawyer whose motion for continuance sparked controversy last month after her opposing counsel objected to it.

News

Probate Judge's Alleged Affair With Opposing Lawyer Exposes Estate Judgment to Challenge

John Council | August 03, 2018

The Texas Court of Appeals has ruled that the losing party in a multimillion-dollar estate dispute can challenge the final judgment in that case based on allegations that the Dallas probate judge who presided over it had an “undisclosed personal relationship” with an opposing lawyer during the litigation.

News

Senate Approves Andrew Oldham for Fifth Circuit Seat

Ellis Kim | July 18, 2018

The former clerk for Justice Samuel Alito was approved 50-49.

News

Republican AGs Urge Speedy Confirmation of Trump SCOTUS Pick

Katheryn Tucker | July 12, 2018

“As the chief legal officers of our states, we write to urge the United States Senate to promptly hold a hearing on and confirm the nomination of Judge Brett M. Kavanaugh to the Supreme Court of the United States."

News

Ruth Bader Ginsbird? Osprey Chicks at Oregon Law Get SCOTUS-Inspired Names

Karen Sloan | June 25, 2018

The school let the public choose the names of two osprey chicks hatched on campus, and voters kept with a legal theme.

News

From the Bench to the Hot Seat: A Look at 6 Judges Who Faced Legal Trouble

Raychel Lean | June 21, 2018

When the federal grand jury Wednesday indicted West Virginia Supreme Court of Appeals Justice Allen Loughry, the judge became the latest jurist to find himself facing criminal or ethics charges.

News

AT&T Judge Richard Leon Wasn't Mocking Trump! Exclamation Points Are His Mark!

Ellis Kim | June 13, 2018

Anyone who's ever had occasion to read a ruling from U.S. District Judge Richard Leon has probably run into an exclamation point somewhere along the line.

News

Mississippi Judge Calls Out Judiciary's 'Well Documented' Lack of Diversity

Ellis Kim | June 11, 2018

U.S. District Judge Carlton Reeves’ order said the federal judiciary’s failure to reflect the public it serves is well documented.

News

Veteran SCOTUS Advocate Allyson Ho Jumps to Gibson Dunn From Morgan Lewis

Tony Mauro | June 04, 2018

A former clerk to U.S. Supreme Court Justice Sandra Day O’Connor, Ho has argued four cases before the high court. Ho joins Gibson Dunn's Dallas office, where her husband, James Ho, recently was a partner before his confirmation to the Fifth Circuit.

News

Despite Status Quo in Oil States Decision, SCOTUS Shakes Up Patent Litigation

Scott Graham | April 25, 2018

After Tuesday's ruling in SAS Institute v. Iancu, petitioners face a higher risk of getting a final written decisions finding challenged patent claims valid, leaving them estopped from fighting in district court.

News

Supreme Court Ousts Special Master in Rio Grande Water Dispute

Tony Mauro | April 03, 2018

The Supreme Court’s action may have little to do with special master A. Gregory Grimsal himself. The court replaced Grimsal with Senior Judge Michael Melloy of the U.S. Court of Appeals for the Eighth Circuit.

News

DOJ's First Witness in AT&T Antitrust Trial Warns of 'Horribly Ugly' Deal if Merger Allowed

Cogan Schneier | March 22, 2018

Justice Department lawyers say they're seeking to prove that AT&T's proposed merger with Time Warner will stifle competition.

News

In Cities' Climate Change Case, the Judge Requests a Science Lesson

Ross Todd | March 20, 2018

U.S. District Judge William Alsup has asked for a tutorial from lawyers on both sides of a lawsuit where the cities of Oakland and San Francisco are attempting to force large oil companies to chip in for infrastructure upgrades needed to deal with the effects of climate change.

Commentary

Jeff Had Issues: An Akin Gump Lawyer Breaks Bad—and There’s No Satisfying Explanation

Jenna Greene | March 08, 2018

Jeffrey Wertkin was sentenced on Wednesday to 30 months in prison, but the question remains: Why did someone so smart do something that even his lawyer called “stupid, stupid"?

News

Urged by Law School Deans, Federal Judges Revamp Clerk Hiring

Tony Mauro | March 02, 2018

The new plan mirrors a policy that collapsed in 2013 when fiercely competitive individual judges ignored the rules.

News

Judge Trump Accused of Bias Sides With Him in Border Wall Case

Cogan Schneier | February 27, 2018

In the 2016 election, Trump said U.S. District Judge Gonzalo Curiel was biased against him because of his Hispanic heritage.

News

Del. Federal Court Nominees State Their Case to US Senate Panel

Tom McParland | February 16, 2018

Colm F. Connolly and Maryellen Noreika broke their public silence for the first time this week after being tapped to fill two vacancies on Delaware's federal bench.

News

Coons Backs Del. Role in Bankruptcy as Bipartisan Venue Bill Seeks Traction

Tom McParland | February 02, 2018

A U.S. Senate bill backed by conservative Sen. John Cornyn, R-Texas and liberal Sen. Elizabeth Warren, D-Massachusetts, aimed at curbing forum-shopping in Chapter 11 bankruptcy cases, has sparked stiff opposition from Delaware's elected officials and reignited a battle that has roiled policymakers and the bankruptcy bar for decades.

News

Neil Gorsuch Dines With US Senators, and It's the Talk of This Town

Marcia Coyle | January 23, 2018

"It was a private dinner, but I think about it as a return to civility in Washington, something we could use more of," Sen. John Cornyn of Texas, who hosted the dinner, reportedly said in response to questions about the gathering.

News

Democrats Press Fifth Circuit Nominee on Sexual Harassment Decisions

Cogan Schneier | January 10, 2018

Senators repeatedly asked U.S. District Judge Kurt Engelhardt about his decisions tossing several sexual harassment cases.

News

Judge Blocks Government From Stopping 2 More Undocumented Teens' Abortions

Cogan Schneier | December 18, 2017

The government has already appealed the ruling, which was stayed for 24 hours.

News

What's Next After the Kozinski Allegations? Here's How Courts Handle Misconduct Claims.

Marcia Coyle | December 13, 2017

In the normal judicial misconduct case, a federal appeals court would handle the complaint internally. But the sexual misconduct allegations against Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit pose complications for the courts, according to judicial ethics experts.

Lessons From Long-Shot SCOTUS Clerks: Work Hard, Stand Out, Stay Grounded

Karen Sloan | December 12, 2017

We collected the stories of four unlikely SCOTUS clerks to provide a glimpse of how hard work, happenstance and well-placed mentors can pave a nontraditional path to the U.S. Supreme Court. Here's what they had to say.

News

'This Is Not Going to Be Easy,' Judge Tells Lawyers in First AT&T Antitrust Hearing

Cogan Schneier | December 07, 2017

U.S. District Judge Richard Leon set a March 19 trial date in the case.

News

MDL Panel Orders All Federal Opioid Cases to Ohio

Amanda Bronstad | December 05, 2017

A federal judicial panel has ordered nearly 180 government lawsuits filed against opioid manufacturers and distributors to be transferred to a judge in Ohio.

News

'Blue Slip' Drama Clouds Senate Hearing for 5th and 8th Circuit Nominees

Cogan Schneier | November 29, 2017

Members of the Senate Judiciary Committee squabbled over the history of blue slip use and obstruction of judicial nominees in their hearing Wednesday.

News

Judge Who Handled Comcast-NBC Merger Assigned To AT&T-Time Warner Lawsuit

Cogan Schneier | November 21, 2017

U.S. District Senior Judge Richard Leon of the District of Columbia was assigned the case Tuesday.

News

Defendants Accelerate Efforts to Boot Infringement Suits Out of Delaware

Tom McParland | November 20, 2017

A review of Delaware's federal docket has shown that defendants in patent infringement cases are increasingly citing Delaware's judicial vacancies in support of motions to transfer the cases out of the district after a visiting judge first raised the issue two months ago.

News

Cruz Rails Against ABA Vetting Amid Confusion About 8th Circuit Nominee

Cogan Schneier | November 15, 2017

The ABA rated Trump's Eighth Circuit nominee, Steven Grasz, as unqualified last month.

Commentary

Strategy, Storytelling and Cautionary Tales: Winston Litigator and Dallas Judge Spill Jury Trial Secrets

Jenna Greene | November 07, 2017

Two old friends teamed up to write a book on courtroom advocacy. The result is both wise and funny--and should be on every litigator's reading list.

News

The Wide World of E-Discovery Cases: Judges Break Down Latest E-Discovery Decisions

Zach Warren | October 23, 2017

The judges’ panel at Relativity Fest 2017 explored spoliation for Taylor Swift, insurance metadata and the introduction of TAR to Australia.

News

Gorsuch Dishes on Civility, Firing Clients, Discovery Karma, and Hot Tubs With Law Clerks

Tony Mauro | October 22, 2017

  In his most candid public appearance since joining the U.S. Supreme Court in April, Justice Neil Gorsuch on Saturday urged the legal profession…

News

In Rare Move, DC Circuit to Livestream Arguments in Immigrant Abortion Case

Cogan Schneier | October 19, 2017

Chief Judge Merrick Garland agreed Thursday to livestream the arguments, scheduled for Friday.

Analysis

Judge Who Called in the Feds Says Witness-Tampering Allegations in Civil Trial New to Him

Brenda Sapino Jeffreys | October 18, 2017

U.S. District Judge Ed Kinkeade of Dallas said he's seen witness tampering allegation frequently in criminal cases, but never before in civil suits.

News

Law Prof Loses Appeal in Defamation Suit

Brenda Sapino Jeffreys | October 12, 2017

The 1st Court of Appeals in Houston affirmed a final judgment in favor of Houston lawyer Ellen Yarrell in a defamation suit filed against her by a professor at South Texas College of Law Houston.

Trump Nominates James Ho and Don Willett to 5th Circuit

John Council | September 28, 2017

President Donald Trump has nominated two Texans to the U.S. Court of Appeals for the Fifth Circuit: Dallas attorney James Ho, who would be the first Asian-American to sit on the appellate court, and the Texas Supreme Court's "Tweeter Laureate of Texas," Justice Don Willett.

Federal Judges Give 4 Ways to Survive E-discovery Expectations

Rhys Dipshan | September 13, 2017

At Exterro's inFusion conference, three judges discussed how legal teams can keep up with FRCP requirements in an increasingly complex digital world.

Trump Nominates 5 Texans to the Federal Bench

John Council | September 07, 2017

In a surprising mix of potential U.S. District judges, President Donald Trump today announced his first five judicial nominees in Texas including two people who were formerly nominated by former President Barack Obama and two lawyers who've worked for the First Liberty Legal Institute, a conservative religious freedom organization.

White House Vetting Del. Senators' Picks for District Court Seats

Tom McParland | September 05, 2017

President Donald Trump is expected in the coming weeks to announce his nominees for two openings on Delaware's federal bench, as his administration vets three candidates forwarded by the state's two Democratic senators.

A Judge Who Speaks His Mind: Richard Posner's Greatest Quips

Mike Scarcella and Vanessa Blum | September 04, 2017

We suspect it's not the last we'll hear from Richard Posner. But as he ends his judicial career on U.S. Court of Appeals for the Seventh Circuit, here's a snapshot of some favorite Posner zingers.

San Antonio Federal Judge Blocks Texas 'Sanctuary Cities' Law

John Council | August 31, 2017

A San Antonio federal judge has blocked the implementation of Texas' so-called "sanctuary cities" law which would have allowed local police to check the immigration status of detainees and imposed criminal penalties on local officials who refuse to cooperate in efforts to remove people from the country.