11th Circuit

Judge Jill Pryor

* Mathew Martoma, the former Harvard law student who fabricated his transcript when applying for clerkships, gets nine years in prison for insider trading. [DealBook / New York Times]

* If Bingham McCutchen moves forward on merger talks with Morgan Lewis, a bunch of Bingham partners might bail. [American Lawyer]

* Congratulations to Judge Jill Pryor, who will join Judge Bill Pryor on the Eleventh Circuit. [Fulton County Daily Report]

* Can you be fired for medical marijuana in Colorado, where the drug is legal even for recreational purposes? [ABA Journal]

* Dewey have some good news for the embattled ex-leaders of the defunct law firm? [New York Law Journal]

* Home Depot is the latest major retailer to be hit by a data breach. [Washington Post]

* As I noted yesterday over at Redline, the defense in the NCAA trial is putting up some terrible witnesses. Here’s another example. The NCAA’s expert wrote a textbook. The NCAA might have wanted to check it out before bringing him on to help defend themselves IN AN ANTITRUST CASE. [Twitter / Stewart Mandel]

* Elie and I got in a spirited discussion with Slate’s Jordan Weissmann over my edits to his piece on law schools. And it looks like some outside observers took notice. [Law and More]

* The case for grade inflation. [The Atlantic]

* In Wisconsin, a Scott Walker supporter allegedly voted for his boy 5 times. His defense is ripped from a Days of Our Lives script. [CBS News]

* Our mates at Legal Cheek have the ideal follow-up to our World Cup guide: Which last 16 World Cup team is your law firm? As a QPR fan, I’ll tip my hat to their Harry Redknapp quote. [Legal Cheeks]

* Overpreparing for a simple meeting. [What Should Law Bros Call Me]

* An 11th Circuit PIP nightmare. [South Florida Lawyers]

* Hong Kong lawyers protesting what they see as China meddling. Honestly can you blame China? Ever since Hong Kong let Batman just swoop in and grab that guy, you can’t really trust the Hong Kong legal system. [Reuters]

Several years back, the Washington Post uncovered multiple instances of federal judges committing basic ethical breaches related to ruling on cases despite holding significant financial stakes in one party. It was an embarrassing black eye for the federal judiciary and the legal system altogether. It forced the bench to develop a comprehensive financial reporting system and an automated computer check to avoid any further ethical lapses. Sounded reasonable at the time.

Well, it turns out the computer system doesn’t work.

Or at least it doesn’t work as well as anyone would have hoped. The Center for Public Integrity (CPI) just released a report this morning reflecting their efforts to manually review a sampling of federal court decisions and cross-check those with financial disclosure forms. The report found multiple lapses. The most egregious involved a judge with as much as $100,000 in Johnson & Johnson when he ruled in their favor on an appeal regarding a malfunctioning implant.

But by and large the legal world’s responses to these findings vary from tone-deaf to downright hypocritical….

double red triangle arrows Continue reading “Federal Judges Ruling On Cases Despite Holding Upwards Of $100,000 In Shares Of One Side”

* There’s a guy called the “Good-Grammar Bandit” out there and he’s a high priority target of the FBI? Allow me to take this opportunity to tell the FBI their doing a good job. [Lowering the Bar]

* Some folks have asked me incredulously about yesterday’s Non-Sequiturs item about Louisiana and Oregon allowing convictions with non-unanimous juries. So here’s some background on how that came to be. [Constitutional Accountability Center]

* Speaking of Louisiana, a lawyer has filed suit against Morris Bart, a major personal injury law firm, for unpaid wages. From what we’re hearing this may be the tip of the iceberg for these sorts of allegations — lots of people have been leaving the firm recently and that’s a recipe for complaints going both ways. [Louisiana Record]

* Florida may not regulate real guns any time soon, but one 11th Circuit judge is ready to regulate the hell out of shotgun pleadings! [South Florida Lawyers Blog]

* Lawyers are bad at social media. They’re bad at social reality, why did we expect them to be good at social virtuality? [CMS Wire]

* ADA’s father was kidnapped (and recovered). Yikes. [WRAL]

* A follow-up on our prior Sriracha lawsuit coverage. [USA Today]

* A look at the legal issues in the most recent episode of Agents of S.H.I.E.L.D. If you saw it (and Captain America to the extent they are intertwined), you know there were some heavy legal issues at play. [Legal Geeks]

Circles around the water coolers in offices of the federal judiciary are very busy today. It seems that a rumor is circulating about a prominent conservative judge who allegedly posed for nude photographs before heading to law school. The photos, which made their way to badpuppy.com, one of the largest gay pornography sites on the worldwide web, depict a handsome young man staring into the camera, expressionless, his genitalia fully exposed.

If true, this would not be the first time that a respected jurist has inadvertently revealed what lies underneath their robes. Judge Wade McCree of Michigan bared it all when one of his sext messages was leaked to the public. Madam Justice A. Lori Douglas blushed red as a Canadian maple leaf when nude photographs of Her Honor engaging in bondage acts surfaced online.

On the other hand, if the gossip that is making the rounds is true, it would likely be the first time that a federal judge seated on one of the United States circuit courts has been caught with his pants around his ankles — or in this case, with no pants at all…

double red triangle arrows Continue reading “Underneath His Robes: Nude Photos Of A Federal Judge?”

Here are three true statements:

(1) Monopolies are generally illegal.
(2) Like baseball, patents make monopoly laws get a little funky.
(3) Courts really really really like to encourage settlements.

So, when two companies get together, and work out a settlement that makes a whole patent infringement lawsuit go away, and the only objection is that pesky Federal Trade Commission complaining that the settlement is anticompetitive, you can understand why a federal court could meditate on points (2) and (3) and dismiss that FTC complaint.

Yet, in FTC v. Actavis, the Supreme Court yesterday made it harder to settle some patent infringement suits, saying that sometimes a settlement of a lawsuit can be an antitrust problem.

How?

double red triangle arrows Continue reading “When Buying Off A Litigant Is Also Buying Off A Competitor”

* The Dukes of Hazzard and Braveheart cited in the Eleventh Circuit. Other circuits, the gauntlet has been thrown down. [Volokh Conspiracy]

* Dave’s not here, man. Probably not the smartest stoner on the planet. [Lowering the Bar]

* Former Skadden attorney loses her appeal claiming that insomnia constituted a disability. It’s a setback for her, but nothing worth losing sleep over. [National Law Journal]

* The Second Circuit agreed with every other court that heard the motion and denied the effort to recuse Magistrate Judge Peck from the Da Silva Moore predictive coding case. [IT-Lex]

* Maybe it’s time for law professors to get off their duffs and try helping out their unemployed students directly. [Concurring Opinions]

* Chief Judge Easterbrook allows a $25K student-loan discharge for a “destitute” paralegal. The educational-industrial complex is not going to sit still for this. [ABA Journal]

* Saira Rao, of Chambermaid (affiliate link) fame, has a new publishing venture — check it out. [Kickstarter]

* Oh, BARBRI. What’s the Matter with Kansas, indeed (after the jump)….

double red triangle arrows Continue reading “Non-Sequiturs: 04.12.13″

* I’m not sure what it takes to be a top “Global Thinker,” but I’m sure these law professors are worthy. [Volokh Conspiracy]

* Good to see that I’m not the only one who gets crazy pitch letters from lawyers. [Popehat]

* If somehow this results in a Simpsons episode where the 11th Circuit rules on whether or not the family can have another Snowball, I’ll be happy. [Find Law]

* No joke, the “things you can’t do on a plane” series is probably my favorite thing in the blawgosphere right now. [Legal Blog Watch]

* Keith Magness, the lawyer accused of masturbating on the office furniture of girls in his firm, entered Alford pleas. But the pleas kind of stuck together. [Times-Picayune]

* But really, how is anybody going to get trial experience if everybody is entering pleas all the time? [Underdog]

* Could a benevolent monopolist fix legal education? Perhaps. But I’d vote for a malevolent blogger instead. [lawprofblog]

* This law student is worried about the tax implications of getting free donuts. He’d better be worried about letting me know that he can get donuts whenever he wants. (Yes, I make the jokes so you can’t hurt me, then go home to bacon-wrapped, fried steak wedges, which don’t judge). [Tax Prof Blog]

* I was on Geraldo at Large for about 30 seconds this weekend telling a gun range owner that guns should be regulated while standing in the middle of his gun store. I wore bright orange because, well, I didn’t want to get shot. [Geraldo at Large]

Let’s see. How many completely unrelated topics can you fit into one federal appeals court ruling? How about a lead defense attorney who drank a quart of vodka during every day of a capital murder trial, a concurring opinion criticizing the majority opinion — not about the case itself, but simply on the ruling’s length — aaaand let’s throw in a Mark Twain quote for good measure.

That should do it! Introducing the ruling in Holsey v. Warden. It’s quite the odd duck, so let’s take a look…

double red triangle arrows Continue reading “This Federal Judge Wants Shorter Legal Opinions; We Heartily Concur”

As we mentioned yesterday in Morning Docket, Judge Marcia Gail Cooke (S.D. Fla.) recently issued an omnibus order on multiple motions for sanctions in the high-profile case of Coquina Investments v. TD Bank. The plaintiff, Coquina Investments, moved for sanctions related to various alleged discovery violations.

At a contempt hearing held back in May, Judge Cooke heard testimony from employees of TD Bank and current and former lawyers from Greenberg Traurig, which previously represented the bank. She took the matter under advisement — but not before saying things like, “It is hard for me to describe in words the difficulty throughout this trial related to documents and discovery.”

Now Her Honor has ruled. What did she decide?

double red triangle arrows Continue reading “Benchslap of the Day: Judge Cooke Sanctions Greenberg Traurig and TD Bank”

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