1st Circuit

Judges can usually keep it together even when the lawyers deserve a paddlin’ for their disrespectful behavior. And I cannot imagine how a judge summons the depth of patience required to deal with a pro se litigant without constantly losing their composure. While lawyers may privately think of judges as arrogant and imperious from time to time, when you really look at the job, judges spend most of their time holding their tongues.

Which is why a uncontrolled outburst from a federal judge is such a rare treat.

Now you may think, “This is probably a minor rebuke blown out of proportion.” To that I quote David Frank, the managing editor of Massachusetts Lawyers Weekly: “I have heard judges raise their voice. I’ve heard judges get tense. I have never heard something as loud as that.”

I guess this was less of a benchslap and more of a benchpunch….

double red triangle arrows Continue reading “Federal Judge Goes Ballistic On Defense Counsel During Hearing”

‘Who’s bad? O’Melveny!’

* U. Penn. Law doesn’t need to toot its own horn about kicking off its visiting jurist program with a Supreme Court justice — we’ll do it on the school’s behalf: toot f-ing toot for Justice Kennedy. [National Law Journal]

* President Obama nominated former OLC attorney and current HLS professor David Barron for a First Circuit vacancy, and a Western New England alum for a district court judgeship. Congrats! [Boston Globe]

* The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history. [BuzzFeed]

* Preet Bharara, U.S. Attorney for the Southern District of New York, is pretty pissed that federal budget issues are allowing his office to get outgunned by wealthy financial firms. [DealBook / New York Times]

* “It seems a very coordinated effort of smugness.” As we reported previously, lawyers from the small firm representing Michael Jackson’s family think O’Melveny & Myers is full of d-bags. [Los Angeles Times]

* Sorry, but you can’t bang your clients. Well, that’s not completely true. You can bang your clients, but you have to bang them before there’s a legal relationship to keep banging them ethically. [Daily Report]

* Edith Windsor’s lawyer said she thought her client’s case was “simple,” but it proved to take a little longer than she thought to strike down the Defense of Marriage Act. [New York Law Journal]

* Conservative pols are up in arms about the SCOTUS decisions, promising to file constitutional amendments, but like Rand Paul said, “As a country, we can agree to disagree.” [Washington Post]

* Nate Silver breaks down gay marriage by the numbers. By August, 30% of Americans will live in states where same-sex marriage has been legalized. [FiveThirtyEight / New York Times]

* Wherein the ancient artifacts of a once storied and prestigious Biglaw firm are touted by a furniture liquidation company as “like new, for less!” Dewey know how embarrassing this is? [Am Law Daily]

* Sorry, Joel Tenenbaum, but the First Circuit affirmed your $675K debt to the RIAA. That’s what happens when you blame illegal downloads on burglars and foster kids. [Law & Disorder / Ars Technica]

* It looks like David Boies claimed two victories yesterday. The Court of Federal Claims gave Maurice Greenberg the green light to sue the U.S. over the terms of AIG’s bailout. [DealBook / New York Times]

Paula Broadwell

* Deep in the heart of Texas, plans are in the works for the state’s secession from the nation via online petition. The most likely White House response? Probably something like this: “HAHAHAHAHAHA!” [Hillicon Valley / The Hill]

* Paula Broadwell, better known as ex-CIA director David Petraeus’s side piece, has officially lawyered up. This guy had better watch out, because he kind of looks a little bit like her former flame. [Washington Post]

* And then they came for the Steves, but there was no one left to speak for them. The day of reckoning has finally come for the men who are being blamed for cooking Dewey’s LeBoeuf. [Thomson Reuters News & Insight]

* Law firms in Manhattan are still recovering from Hurricane Sandy. Not for nothing, but all of the staff members at WilmerHale who were tasked with getting rid of all of the rotten food in the firm’s cafeteria should get a double bonus. Just saying. [WSJ Law Blog]

* Good news, underemployed law school graduates baristas! The First Circuit just affirmed your $14.1M tip-sharing judgment. Maybe now they’ll be able to afford the Starbucks diet. [National Law Journal]

* “This lawsuit is a massive fraud on the federal courts and defendants. It has now descended into farce.” Facebook is yet again seeking dismissal of Paul Ceglia’s ownership claims. [Threat Level / Wired]

* There may be five deciding factors when it comes to law school admissions, but serious candidates should focus on the two most important ones: LSAT and GPA. [Law School Admissions Lowdown / U.S. News]

Not one single ‘F’ from the Class of 2012.

* “Whether or not the law is dictating it right now, the people are dictating it.” In light of First and Second Circuit DOMA decisions, in-house counsel are considering benefits for same-sex spouses and domestic partners. [Corporate Counsel]

* “I’m a woman of integrity. My emotions got the best of me.” A Dish Network executive had to publicly apologize for accosting a Gibson Dunn litigation partner’s elderly father outside of a courtroom after the Cablevision trial. [Am Law Daily]

* A potential farewell to the typical liberal bias in education: at the end of the day, Teresa Wagner’s political bias case against Iowa Law could alter hiring nationwide in higher education. [Iowa City Press-Citizen]

* Not prepared for the bar exam, and currently without a law job? Let’s give that school a “B” rating. The results of this survey pretty much conclude that recent law school graduates are out of their minds. [WSJ Law Blog]

* A soon-to-be high school graduate wants to know if he can “go into a creative career” with a law degree. You silly little boy, the law is where creativity goes to die. Hope that helps! [Law Admissions Lowdown / U.S. News]

DSK wants to know: since when is having a libido a crime?

* What effect will the Supreme Court’s ruling in Miller v. Alabama, striking down life sentences without the possibility of parole for juvenile offenders, have in the real world? [New York Times]

* Coming out of the First Circuit, some good news on attorneys fees for civil rights lawyers. [WSJ Law Blog]

* Speaking of fees, which firms are raking them in as emerging market companies starting emerging onto the M&A scene? [American Lawyer]

* You’ve got to fight… for your right… to teach legal writing at the University of Iowa. At least if you’re a conservative. That’s the allegation by an aspiring academic, Teresa Wagner, which hits a courtroom this week. [Houston Chronicle]

* Former IMF head Dominique Strauss-Kahn wants to know: is enjoying the occasional orgy such a crime? [Gothamist]

* Career alternatives: Mary Wittenberg — chief executive of New York Road Runners, which puts on the New York Marathon — is a Notre Dame law grad and former Hunton & Williams lawyer. [New York Times]

* Former Senator Arlen Specter, an active participant in historic Supreme Court nomination battles, RIP. [Philadelphia Daily News]

No, not that gavel...

* Dewey retired partners with unfunded pensions get a seat at the table for this bankruptcy circus? Yeah, but only because the U.S. Trustee did something unheard of and appointed a committee of former partners as creditors. [WSJ Law Blog]

* Yesterday was definitely a great day to be gay on the east coast. In addition to the First Circuit’s DOMA decision, a New York appellate court ruled that being called gay is no longer defamatory per se. [New York Law Journal]

* Milberg is the latest firm to dump Paul Ceglia of Facebook lawsuit fame, but Dean Boland, his other lawyer, says the Biglaw firm just “serve[d] as a distraction.” Somebody please give this man a dislike button. [Buffalo News]

* Humblebrag of the day by Judge Alsup of Oracle v. Google fame: he’s written lines of code “a hundred times before.” He also squashed Oracle’s API copyright infringement claims like bugs. [Courthouse News Service]

* Remember Kimberly Ireland, the Kansas attorney who falsely accused Judge Kevin Moriarty of waxing his gavel beneath the bench? She got a retroactive two-year suspension. [ABA Journal via Legal Profession Blog]

* Elizabeth Warren has confirmed that she told Harvard Law and Penn Law that she was a Native American, but only after she had been hired. She didn’t get any action of the affirmative variety, no sir. [Associated Press]

* Recent law school graduates are a little more desperate than we thought they were. At least 32 people have already applied for that BC Law job advertising a salary below minimum wage. [Boston Business Journal]

* Activision settled a lawsuit with two Call of Duty developers, but isn’t worried about an effect on its financials due to a strong third quarter performance. And you can thank your damn Elite packages for that. [PCMag]

During the United States Supreme Court arguments over Obamacare, the nation got a rare treat: the chance to see (or at least hear) Paul Clement in action. Clement, a former U.S. Solicitor General and current partner at Bancroft PLLC, delivered a brilliant performance before the justices, a veritable master class in appellate advocacy. As Carter Phillips, a veteran SCOTUS litigator himself, told us here at Above the Law, Clement “did a spectacularly good job” and “was just on his game… over a much longer period of time than most of us are required to do it.”

But even Clement couldn’t save Section 3 of the highly problematic Defense of Marriage Act (DOMA) from going down to defeat in the First Circuit. Before a panel with a majority of Republican-appointed judges, in fact.

Let’s find out who was on the panel, whether there were any dissents, and what the court concluded….

double red triangle arrows Continue reading “Even Paul Clement Can’t Successfully Defend the Defense of Marriage Act”

* “The road to this day has been long”… and hard. That’s what he said. Don’t Ask Don’t Tell has finally been put to bed, and the next logical step would be to ditch DOMA. [PostPartisan / Washington Post]

* “Citizens United has been good for gay rights.” Well, at least it’s been good for something. Are we allowed to like the ruling in this case now? Bueller? Bueller? No? Okay, just checking. [New York Times]

* And another one gone, another judge bites the dust. $43K wasn’t enough to keep Justice Joseph Covello on the bench. How many more will it take to get a decent raise? [New York Law Journal]

* The First Circuit turned it around on Joel Tenenbaum, reinstating a $675K judgment against him. Charles Nesson couldn’t comment on the decision because he was crying. [Boston Globe]

* Ten-year sentence edition: Samuel Logan’s dad wishes he was still a judge on the Tenth Circuit so he could benchslap the sh*t out of his son for trying to seduce a 14-year-old. [Kansas City Star]

* John Banzhaf continues to fight for coeds’ right to party at Catholic University, but it’s not looking good because it’s hard to immaculately conceive when boys live in the same dorm. [WSJ Law Blog]

Long before I became a law blogger, I spent a good chunk of time working as a photojournalist. Periodically, I wound up photographing the police. Whether it was at an arrest at a football game, or an officer who suffered an unusual injury, officers rarely hassled me because I usually had a press pass and a big, professional-looking camera.

But anyone can film in public spaces. One of the most important — and overlooked — technological developments of the last five-odd years is the ease with which anyone can record police doing their jobs and throw the video on YouTube. The technology can be a great deterrent against police misconduct.

So it’s really, seriously disturbing when police try to intimidate witnesses into turning off their cellphone cameras. It’s even more nauseating when someone gets arrested for simply filming police activity. Luckily, a recent decision from First Circuit unambiguously told police to cut it out.

Keep reading for details about the man who was arrested for taping police in America’s oldest public park, as well as Judge Kermit Lipez’s benchslap of the officers who made the arrest….

double red triangle arrows Continue reading “First Circuit Has No Sympathy For Cops Who Say, ‘Don’t Tape Me, Bro!’”

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