* Since you’re so funny, crack some jokes about this one, Obama. Senate Republicans will be filing an amicus brief in support of a challenge to the constitutionality of the President’s recess appointments. [New York Times]
* Thanks to this Third Circuit ruling, you can rest easy knowing that you can rely on the First Amendment to protect your homemade sex tapes from all of those strict porn record-keeping and labeling requirements… for now. [Reuters]
* Due to Kelley Drye’s EEOC settlement, the New York State Bar Association is asking firms to end mandatory retirement policies. Because old folks need to make bank till they croak. [Thomson Reuters News & Insight]
* The ABA’s Commission on Ethics 20/20 has decided to ditch its proposal to allow limited nonlawyer ownership of law firms. Cue tears and temper tantrums from the likes of Jacoby & Meyers. [Am Law Daily]
* “If I believe that Chris Armstrong is a radical homosexual activist, I have a constitutional right to express that opinion.” Yeah, yeah, yeah. Tell that to the judge who dismissed your suit, Shirvell. [Detroit Free Press]
* Presenting “her royal hotness”: apparently Pippa Middleton has been seen cavorting around France with gun-toting lawyer Romain Rabillard, of Shearman & Sterling. [Daily Mail]
We recently covered the Third Circuit’s benchslap of Judge John Fullam, an 89-year-old judge in the Eastern District of Pennsylvania. In his opinion in United States v. Higdon, issuing a writ of mandamus and directing that the case mishandled by Judge Fullam be reassigned on remand, Chief Judge Theodore McKee had some harsh words for the aged jurist: “Neither this court, nor any other court, can tolerate a situation where a judge decides to follow his/her own custom and concepts of justice rather than the precedent of the applicable appellate court or the United States Supreme Court. Ours is a nation of laws, not judges.”
At the same time, Chief Judge McKee had some kind words for Judge Fullam, praising him as “a very experienced and hard working jurist [who] has devoted decades of service to the federal bench.” In the comments to our post, some readers interpreted the combination of statements — criticism for Judge Fullam’s mishandling of one case, but compliments for his “decades of service” — as the Third Circuit trying to nudge Judge Fullam into retirement.
Well, it seems to have worked — and it’s apparently the culmination of a long-running effort to get Judge Fullam off the bench….
Judge Fullam is a very experienced and hard working jurist and he has devoted decades of service to the federal bench. Nothing we have said in this opinion should detract from that. However, neither this court, nor any other court, can tolerate a situation where a judge decides to follow his/her own custom and concepts of justice rather than the precedent of the applicable appellate court or the United States Supreme Court. Ours is a nation of laws, not judges.
In response to our last story about Gerald Ung — the Temple Law student now on trial for attempted murder and aggravated assault (among other charges), after shooting Eddie DiDonato, a former Villanova lacrosse captain and the son of a prominent Fox Rothschildpartner — some commenters expressed the view that our coverage was too favorable to the prosecution.
Look — we have no dog in this fight. It seems that the part of the post readers found most objectionable was a blockquote from a source who attended the trial, which we reprinted simply because it was from someone actually present in the courtroom. Sadly, Above the Law doesn’t have a Philadelphia bureau. If you’ve been attending the trial and would like to share your thoughts with us, we’d love to hear from you.
Another reason why the earlier story might have seemed more pro-prosecution is that it was describing the prosecution’s side of the case and the early prosecution witnesses. Now that the trial has been going on for several days, a fuller version of events has emerged. This will culminate tomorrow, when defendant Gerald Ung is expected to take the stand. This is not typical — it happens more on TV and in the movies than in real life — but then again, this is not the typical case. Ung’s defense lawyer, Jack McMahon, may be betting on the ability of his client — a law student, presumably intelligent and articulate — to win over the jury.
Let’s learn more about what’s been going on at the trial over the past few days — and hear some juicy tidbits about defense counsel McMahon….
Judge Marjorie Rendell (former First Lady of Pennsylvania).
There’s lots of law-related news coming out of Philadelphia right now.
The lead story on the Philadelphia Inquirer’s website today is about the latest Villanova Lawscandal, regarding falsified admissions data being submitted to the ABA. (The article contains a shout-out to ATL, which we appreciate.)
And then there’s the news that has all tongues wagging in the City of Brotherly Love: the split of a big-time Pennsylvania power couple (and a pair of Villanova Law grads, by the way).
Former Governor Edward Rendell, who left the governor’s mansion just last month, and Judge Marjorie Rendell, a prominent judge on the U.S. Court of Appeals for the Third Circuit, are going their separate ways. They announced their separation, after 40 years of marriage, in an email sent to friends….
Facebook’s lawyers have been looking for a rumble over the company’s responsibility to turn over user account information in legal cases. Now they’ve got one, thanks to a California juror and his grandstanding defense attorney.
The case stems from a gang violence criminal trial. Members of the Killa Mobb were being tried for a 2008 attack on a San Francisco man at a gas station. One of the 12 angry apathetic men in the jury box, Arturo Ramirez, posted to Facebook during the course of the trial that it was “boring.” Now the Killa Mobb’s defense attorneys want to get a hold of those postings, and any responses from Ramirez’s friends, to prove that he may have been biased — so the Mobb members can get a new trial.
Facebook refused to turn over Ramirez’s information, citing a 1986 law that protects Americans’ electronic communications. Ramirez originally told the Sacramento Bee that he was willing to turn the status messages over, but that was before he linked up with his own defense attorney, Ken Rosenfeld, who looks like he might like a little media attention. Rosenfeld’s now planning to fight tooth and nail to keep his client’s Facebook privacy settings high…
Hazleton, Pennsylvania, is a lovely little town (or so Lat tells me — his aunt used to live there). But it’s not bigger than the federal government or the Constitution of the United States of America.
That’s the lesson the Third Circuit handed down today with its decision in the Lozano v. Hazleton case. At issue: Hazleton city ordinances making it illegal for undocumented immigrants to work or even rent a house in Hazleton.
Apparently, the Third Circuit still believes in federal supremacy. From the opinion:
Although our reasoning differs from that of the district court, we agree that the provisions of the ordinances which we have jurisdiction to review are pre-empted by federal immigration law and unconstitutional under the Supremacy Clause.
Did you hear that, Arizona? Your quixotic quest to deal with illegal immigrants without consulting the Constitution is almost over…
There’s a serious gender-based wage gap in the legal profession. Female partners make $66K less than male partners on average. If you’re a female partner who has thought about tackling that gap with a lawsuit, you may be interested in the case of Alyson J. Kirleis.
In the suit, Kirleis accused Dickie McCamey of paying female lawyers less than males and alleged she was told by a male partner that a woman with children should relinquish her partnership and work only part-time.
Kirleis, who has worked at the firm since 1988, also claimed she was told by another male partner that the role of women lawyers was to prepare lawsuits for trials that would be handled by male lawyers. The suit also included allegations that Kirleis has suffered retaliation since her suit was filed, and that Dickie McCamey’s annual Christmas party is effectively closed to women “because of the sexually explicit nature of the entertainment including skits, songs, pornographic materials and props.”
The Legal Intelligencer pointed out that her suit could have broken new legal ground, establishing that “some law firm partners are not equal to their fellow partners and ought to be allowed to pursue employment discrimination claims such as suing for equal pay.”
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When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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