4th Circuit

* First the Jones verdict, then the Fourth Circuit affirmed the dismissal of Jose Padilla’s torture lawsuit. It’s enough to make ACLUers develop bipolar disorder. [Washington Post]

* Release the Kagan! The Supreme Court rejected Freedom Watch’s motion for time to argue that Justice Elena Kagan should recuse herself from the Obamacare case. [CNN]

* Biglaw problems: here’s a great round-up of 2012′s law firm lawsuits, starring Akin Gump, Crowell & Moring, Dechert, and Greenberg Traurig, to name a few. [Am Law Daily]

* After dropping a lawsuit challenging their forcible eviction from Zuccotti Park, supporters of Occupy Wall Street will go back to occupying the couches in their parents’ basements. [Bloomberg]

* Not interested in being a lawyer? Check out these suggestions for “unique” career paths (i.e., ones that you could have pursued after college, with half the debt load). [U.S. News]

* Not such a great alternative fee arrangement. A prosecutor turned solo practitioner is going to jail after accepting oxycodone pills as payment from a police informant. [Tampa Bay Times]

Laura Kaeppeler

* The Fourth Circuit denied Rick Perry’s Virginia election law appeal in about four seconds flat. Not like it matters. He’s probably going to be out of the race come Saturday. [Washington Wire / Wall Street Journal]

* Women are having trouble making equity partner in Biglaw firms, and not because of the glass ceiling or other imposed barriers. No, apparently women are just making bad choices. [Chicago Tribune]

* Laura Kaeppeler, the new Miss America, plans to use her $50K pageant scholarship to go to law school. Well, at least one year of law school, since that’s all she’ll be able to afford with so little cash. [WHBL]

* Her Royal Hotness, Pippa Middleton, has hired Harbottle & Lewis to stop harassment from the paparazzi. As long as they allow more pictures of her ass, we won’t have a problem. [Daily Mail]

* Lindsay Lohan got a glowing report at her latest probation progress hearing from a pleased Judge Sautner. Maybe LiLo really did give the judge a signed copy of her Playboy spread. [CNN]

* End piracy, not liberty. Do you like the Internet the way it is? Got something to say about the Stop Online Piracy Act and the Protect IP Act? Sign this petition and make your voice heard. [Google]

Morning Docket: 01.16.12

Rick Perry is so sad.

* Rick Perry’s primary ballot election law suit in Virginia was unsuccessful, but maybe the Fourth Circuit will help him out on appeal. Or not. At least Huntsman’s out of the race, right? [Bloomberg]

* That didn’t take too long. The National Federation of Independent Business has officially popped the cherry on filing lawsuits challenging Obama’s recess appointments. [Businessweek]

* Even if law schools changed their teaching methods to include more experiential learning opportunities, would anyone care? To that, the latest hiring patterns say: “LOL, srsly?” [National Law Journal]

* Joran van der Sloot has been sentenced to 28 years for the murder of Stephany Flores. Parents will now be able to allow their college-aged kids to spend spring break in Aruba until 2038. [CNN]

* Protip for child predators: claiming that you don’t remember pleading guilty will bring you as much success as your career in children’s balloon entertainment and law — not a lot. [Orlando Sentinel]

* The lawyers at this small firm might quality for senior citizen discount specials, but they’re working hard to put their 161 years of experience to good use. P.S. they’re hiring! [New York Times]

Morning Docket: 09.09.11

* What did you think of the way Obama was pimping out his reelection jobs bill last night? People were probably more excited about the football game that followed. [Los Angeles Times]

* Congratulations to Stephanie D. Thacker of West Virginia. She was nominated to fill a seat on the Fourth Circuit. If she doesn’t have a family circle, things will go well in her confirmation hearing. [State Journal]

* Money might not grow on trees, but it certainly grows on financial reform legislation. Thanks to the Dodd-Frank Act, the pockets of Biglawyers will continue to be lined with cash for years to come. [New York Times]

* Skinnygirl is supposed to be “the margarita you can trust,” but now the company is facing two class actions. I’ve never tried it (duh), but it’s never good to put your trust in alcohol. [Thomson Reuters News & Insight]

* If you really want a job, you can start packing for South Dakota. A bit deserted for me. In fact, I think you might need some oxen and a covered wagon to practice out there. [WSJ Law Blog]

Non-Sequiturs: 09.08.11

* Looks like you really screwed the Cooch. Virginia and its Obamacare challenge got slapped around today by the Fourth Circuit. [Blog of Legal Times]

* Just how rich are the members of SCOTUS? When you’re worth $45M, like RBG, you can afford to fall asleep during the State of the Union address. But you can’t afford such luxuries when you’re still Sonia from the block. [Forbes]

* An interesting read on the Kenneth Moreno case from the perspective of a juror. Buy it on your Kindle and check it on the way home today. [Gothamist]

* What is law school’s dirty little secret? If you have social skills, you don’t need to be in the top ten percent to get a job. Fair warning, because your mileage may vary with this bit of advice. [Law Riot]

* If Texas A&M is actually allowed to join the SEC, fans are going to have to learn how to start talking smack about the Big 12 and buy a pair of jorts stat. [ESPN]

* What a Masshole: sorry, lady, but if seeing your criminal history in print is too upsetting, maybe a career change is in order? No judge is just going to stop the presses for you. [Salem News]

* “Abandon hope, all ye who enter here! Thou art cash cows being led to the $laughter!” Well, if you’re going to riff on my school, at least get your facts straight. We cry in our cars. [LOLawyer]

* No, you cannot change your name to NJWeedman.com. We get it, you smoke two joints before you smoke two joints. But if you lose the domain, your stoner friends would be confused. [Gawker]

For attorneys, missing deadlines is a big no-no. BIG no-no. A Goodyear blimp-sized no-no. People have literally died because of blown deadlines. Cases worth millions of dollars get tossed out because of missed deadlines, even if someone has a decent excuse.

That being so, I do not envy the lawyer who had to tell his client that the 4th Circuit shut down their lawsuit because he didn’t know how to use his Microsoft calendar.

More about the difference between “excusable neglect” and this run-of-the-mill bonehead mistakes after the jump…

double red triangle arrows Continue reading “How to Lose a Case With Simple Computer Cluelessness”

I like crusading AGs with names like "Spitzer" more than "Cuccinelli," but that's just me.

Obamacare scored a huge victory today. Not because of an election or an impassioned debate. Not because of a fresh argument or a political compromise. Not even because of a considered legal opinion. No, Obamacare scored a major victory just because the Fourth Circuit panel randomly chosen to hear the challenge to Obamacare, an appeal spearheaded by crusading Virginia attorney general Ken Cuccinelli, will be made up of three judges appointed by Democratic presidents.

And because we live in a country where our judiciary is about as apolitical as a parliamentary house, it’s reasonable to think that at least two of the three judges (two of whom were appointed by Obama himself) will deliver an Obamacare victory.

Does anybody have a problem with that?

double red triangle arrows Continue reading “Judging Is Just Politics By Other Means”

Jeff Skilling

* Former Enron CEO Jeffrey Skilling’s appeal was denied by the Fifth Circuit. While he remains the smartest guy in the room, the room consists of him and a half-wit cellmate whose only discernible talent is making Prune-o. [WSJ Law Blog]

* Bruce Fein, an attorney who worked on Clinton’s impeachment and called for Bush’s impeachment as well, has drafted articles of impeachment for Barack Obama. His high crime and misdemeanor? Time theft. [Politico]

* An Ohio man has been charged with a misdemeanor for barking at a police dog. When asked why he was barking at the female dog, the man calmly replied, “Bitch owes me money.” [CBS News]

Raj Rajaratnam

* The government rested its case in the Raj Rajaratnam trial yesterday. Of additional note is the fact that Rajabba sits ten feet behind his defense table, partially obstructed from the jury box. You can’t completely block Rajabba from view. You can only wish to contain him. [New York Times]

* The government has warned attorneys for former Madoff employees not to use money that might be associated with Madoff’s Ponzi scheme. That includes, for their own health, any ass pennies. [ABA Journal]

* The Fourth Circuit rules in favor of a pundit-professor, in a case about the free speech rights of faculty members at public universities. [Chronicle of Higher Education]

* Charlie Sheen is trying to trademark his catchphrases now. He’s overexposed like a frostbitten penis — is there anything funny left to say about him at this point? (We might try; check in later.) [Forbes]

Court clerks in Virginia may be shaking their fists at the Fourth Circuit today. In an interesting ruling on free speech, privacy, and public records, the court ruled that an angry blogger has the right to publish public officials’ and court clerks’ Social Security numbers in order to protest the fact that Virginia puts records online that publish citizens’ social security numbers. We skimmed the opinion, but didn’t see a citation to Hammurabi.

B.J. Ostergren has been writing TheVirginiaWatchdog.com since 2003 to bring attention to the fact that state governments play fast and loose with people’s Social Security numbers when putting land records online. Her advocacy got many of them to actually start attempting to redact SSNs from the documents before putting them online, but the system was still imperfect.

She started posting land records containing unredacted SSNs, which led the state to pass a law in 2008 to make what she was doing illegal. She sued and the courts supports her, though the Fourth Circuit eliminated some conditions imposed by the district court…

double red triangle arrows Continue reading “Fourth Circuit Decides First Amendment Trumps Social Security Number Privacy”

J. Michael ("Mike") LuttigIn May 2006, then-Judge J. Michael Luttig made major news in the legal world by resigning from the U.S. Court of Appeals for the Fourth Circuit to become senior vice president and general counsel of aerospace giant Boeing. Luttig served as a Fourth Circuit judge for almost 15 years, during which time he reigned as the #1 feeder judge, sending almost all of his clerks into Supreme Court clerkships, and came extremely close to becoming a justice himself.

Luttig’s resignation from his life-tenured Fourth Circuit judgeship came as a shock to many (and was viewed by some as “taking his toys and going home,” after he got passed over for the SCOTUS seats that ultimately went to John Roberts and Samuel Alito). But Luttig, who’s only 56 — he was appointed to the Fourth Circuit at the tender age of 37 — seems to be enjoying the new challenges of serving as GC of a large public company.

During his four years at Boeing, Luttig has given its in-house ranks a major makeover. He has brought in some top talent, including at least four Supreme Court clerks: John Demers (OT 2005/Scalia), Grant Dixton (OT 2000/Kennedy), Brett Gerry (OT 2000/Kennedy), and Jake Phillips (OT 2004/Scalia). Is there any in-house legal department with more former Supreme Court clerks than Boeing? Don’t forget to count Luttig himself, who clerked for Chief Justice Burger (OT 1983), after clerking for then-Judge Scalia on the D.C. Circuit.

UPDATE: Boeing boasts at least eight (8) SCOTUS clerks. Here are three who were inadvertently omitted from the original version of this post: Bertrand-Marc Allen (OT 2003/Kennedy), Lynda Guild Simpson (OT 1984/Powell), and Eric Wolff (OT 2000/Scalia).

And Luttig has given his net worth a makeover, too. At the time of his May 2006 resignation, federal circuit judges earned $175,100 a year. As executive vice president and general counsel of Boeing — the country’s largest aerospace and defense company, #28 on the Fortune 500 — he makes millions.

Luttig no longer has to worry about covering college expenses for his two kids (which he cited in his resignation letter as a reason for leaving the bench). And this past May, he and his wife, Elizabeth Luttig, bought a fabulous second home in beautiful Kiawah Island, South Carolina.

How much did Mike Luttig pay for his new place? And how does the price tag compare to his in-house compensation at Boeing?

double red triangle arrows Continue reading “Lawyerly Lairs: Luttig in Lap of Luxury (Plus info about his current compensation.)”

Duke is having a good month. The Blue Devils are heading to the NCAA Final Four this weekend. (Sorry, haters.) And one of the school’s law students, 3L Stephen Rawson, argued before the Fourth Circuit last week.

Like Duke in its Elite Eight game against Baylor, Rawson struggled early on. A few minutes into oral argument, he fainted.

He may have lost consciousness, but he didn’t lose his cool…

double red triangle arrows Continue reading “Law Student of the Day: Duke 3L Stephen Rawson”

Morning Docket 12.02.08

tiny mary j.jpg

* Thailand’s constitutional court decided to disband the country’s ruling party and ban the prime minister from politics for five years. [CNN.com]

* A former federal courts chief is calling for the resignation or impeachment of an appellate judge in California for watching internet porn. In one month, there were 90,000 hits on 1,100 porn sites at the California Judiciary. [Miami Herald]

* Al Franken, the Senate candidate from Minnesota, may appeal to the courts because he argues that 1,000 absentee ballots were wrongly discarded in the recount. [CBS]

* The US Supreme Court refused to hear an appeal from the city of Garden Grove in California that argued that city police should not have to return seized medical marijuana to a chronic pain patient. California’s 4th District Court of Appeal sided with the patient, and now the case is closed, a victory for advocates of medical marijuana use. [The Los Angeles Times]

* At least something is going well for Detroit these days. “U.S. car maker Ford Motor Company Tuesday won its case at a European court over the registration of the word “Fun” as a European trademark.” [CNN]

* Chevron was found not-guilty by a federal court jury in San Francisco; the jury dismissed claims of Nigerian villagers who say they were attacked by company paid soldiers on an an off-shore drilling platform. [Bloomberg]

* Don’t forget, meet the editors is tonight at 6:30 at Professor Thoms’ [Above The Law]

Morning Docket 11.21.08

Muskasey alert and talking.JPG* Mukasey is going to be okay. He’s telling jokes and talking to the President. A GW doctor said “”The attorney general is conscious, conversant and alert.” [CNN]

* Do you feel sorry for sex offenders? The California 4th district court does. They ruled that Jessica’s law, a law that prohibits sex offenders from living within 2,000 feel of a school or park constitutes “banishment under another name.” [San Francisco Chronicle]

* “A U.S.-triggered spate of global carmaker-bailout proposals may spark trade disputes over whether the Americans are unfairly trying to subsidize their industry or just making up for state aid foreign rivals already enjoy.”[Bloomberg]

* Meanwhile, the EU’s antittrust chief says the EU should resist an auto-industry bailout. [Bloomberg]

* On Thursday, a federal judge ordered the release of five Algerian prisoners from Guantanamo Bay, Cuba. [Los Angeles Times]

* If you’ve been following Proposition 8, you may want to watch an upcoming gay marriage case that will be coming before the Iowa Supreme Court. [Iowa City Press Citizen]

E Duncan Getchell Jr Fourth Circuit Above the Law blog.jpgIt’s tough being a federal judicial nominee. Your entire legal career is gone over with a fine-toothed comb, and every mistake or misstep is brought to light, no matter how minor.
From the ABA Journal:

A lawyer nominated to a federal appeals court was lead attorney on an $8 million appeal that got tossed because the trial transcript was not filed by the deadline.

E. Duncan Getchell Jr. of McGuireWoods asked the Virginia Supreme Court to hear the appeal anyway, but the judges refused, the Virginian-Pilot reports. Getchell’s five-page brief did not explain the reason for the failure, except to say there was a “miscommunication or misunderstanding.”

Perhaps there was a misunderstanding about whether trial counsel or appellate counsel (Getchell) should have filed the transcript. From the Virginian-Pilot:

The fact that Getchell’s firm filed the post-trial motions three weeks after the verdict “kind of suggests the baton was passed,” said William S. Geimer, a professor emeritus at Washington and Lee University Law School who teaches civil procedure.

“It’s definitely the law firm’s responsibility,” Geimer said. “I don’t see any way for the law firm to escape responsibility if it was even partly or jointly responsible for the failure.”

Getchell did not return repeated calls to his office.

The Fourth Circuit has been shorthanded for a while now. And with the nomination of Duncan Getchell, that probably won’t be changing anytime soon.
(Not necessarily because of this procedural snafu, but because Getchell’s two home-state senators — John Warner (R) and Jim Webb (D) — don’t seem to be backing his nomination.)
Costly Error Linked to 4th Circuit Nominee [ABA Journal via Blogonaut]
Error in major case tied to federal judge nominee [Virginian-Pilot via How Appealing]
E. Duncan Getchell Jr. bio [McGuire Woods]

Fourth Circuit 4th Circuit US Court of Appeals for the Fourth Circuit.jpgThe Honorable H. Emory Widener, of the U.S. Court of Appeals for the Fourth Circuit, passed away yesterday morning. From the Bristol Herald Courier:

Judge H. Emory Widener, 83, died at his Abingdon home around 11 a.m. Wednesday, according to court personnel in Bristol Virginia….

Widener began his law career in the Navy, then opened a private practice in Bristol in 1953. Ten years later, he was appointed to the U.S. District Court for the Western District of Virginia.

President Richard Nixon appointed Widener to the 4th Circuit in 1972, and he reached senior status in July, Schrinel said.

A source notes:

I was sad to hear that Judge Widener passed away. They literally worked that man to death. I’ve heard that the other judges on the Fourth Circuit basically begged him to stay active until Bush could find a replacement… He complied — but a replacement was never confirmed.

The Fourth Circuit is now operating at two-thirds capacity. It has 15 judgeships and five vacancies. For more detailed discussion of the state of the court — long regarded as a conservative bastion, but now up for grabs — see this article, published when Judge Widener took senior status in July.
A 4th Circuit Court of Appeals judge from Abingdon, Va., died on Wednesday [Bristol Herald Courier]
Judge H. Emory Widener Jr. steps down as active member of 4th Circuit [The Daily Record]

Morning Docket: 04.23.07

* Sports agent busted for smuggling Cuban baseball players. [ESPN]
* Is your bar licence up to date? [
Law.com]
* So a lawyer, an “oilman,” and a donkey named Buddy walk into a courtroom… [MSNBC]
* Ohio strippers have to learn new dance steps. [AP via Dispatch]
* UNC’s soccer coach uses some really rough language, as does the 4th Circuit. [ABA Journal e-report]

Terrence Boyle Terry Boyle Terence Boyle Terrence W Boyle Judge.jpgHere is some late-breaking judicial nomination news:
1. An update to our prior coverage of the withdrawal of the “Radioactive Four.” As one of you points out, it seems that Judge Terrence Boyle (E.D.N.C.), nominated to the Fourth Circuit, wanted to continue fighting.
From the latest version of the AP story:

William Haynes, William G. Myers III and Michael Wallace all asked to have their appointments withdrawn, these officials said. Judge Terrence Boyle was informed of the White House’s decision, according to an ally….

Lars H. Liebeler, a Washington lawyer, said in a telephone interview that Boyle, unlike Wallace, Haynes and Myers, did not submitted a letter asking to be withdrawn but was told of the president’s intentions.

This makes some sense. Considering that Judge Boyle (above right) is (1) 61 years old and (2) already a sitting federal judge, he’s not really going anywhere — and he doesn’t have much to lose from further fighting. But the White House apparently decided that continuing to push his nomination, in a Senate controlled by the Democrats, wasn’t worth the possible loss of face (or expenditure of political capital).
2. The White House released two more slates of judicial nominees today. See here and here.
The most notable and/or controversial nominees:

(a) Judge Thomas Hardiman (W.D. Pa.), renominated to the Third Circuit, who is the subject of a tempest in a teapot (item #3);

(b) Peter Keisler (OT 1988/Kennedy), renominated to the D.C. Circuit, who isn’t problematic personally, but has a “seat issue” (for years Republicans were saying that the last seat on the D.C. Circuit is unnecessary);

(c) Judge Vanessa Lynne Bryant, renominated to the District of Connecticut, who received an “unqualified” rating from the ABA; and

(d) James Rogan, renominated to the Central District of California, who once served as a floor manager in the Clinton impeachment fight, back when he was in the House of Representatives.

These nominees aren’t THAT controversial, at least compared to the Radioactive Four. We think that they ultimately can (and should) make it through the Senate Judiciary Committee, then win confirmation by the full Senate.
But the ascendant Democrats may want to flex their muscles. And one way to do so would be by delaying, or defeating, one of these nominations.
3. Here’s an AP article about Leslie Southwick, nominated to the Fifth Circuit seat formerly held by Judge Charles Pickering Sr. (the seat that Michael Wallace was up for, before he withdrew).
Southwick is a former state appellate judge in Mississippi. As Howard Bashman notes, maybe the third time will be the charm for this hard-to-fill seat.
Bush Judicial Nominees Ask to Withdraw [Associated Press]
Senators say Bush nominating Southwick for 5th Circuit [Associated Press]
Nominations Sent to the Senate for the Judiciary [White House via How Appealing]
Nominations Sent to the Senate [White House via How Appealing]
Earlier: And They Will Back Down

William Wilkins William W Wilkins Jr Billy Wilkins.JPGLast week was a busy one in legal news, so we apologize for our tardiness in bringing you this news. As first reported at the South Carolina Appellate Law Blog, and later picked up by The State, Chief Judge William Wilkins is retiring as chief judge of the Fourth Circuit.

William “Billy” Wilkins of Greenville is stepping down as chief judge of the 4th Circuit U.S. Court of Appeals, a position he has held since 2003….

Wilkins, 64, in a prepared statement Thursday afternoon said he had notified President Bush of his decision to step down effective July 1, 2007.

“It’s time to move on,” he said.

The obvious questions. First, who will replace him as Chief Judge?

Under federal seniority rules, his successor would be Karen Williams of Orangeburg, who would become the first woman to hold that position in the circuit. Williams, 55, is the next senior judge younger than 65.

Karen Williams Karen J Williams Above the Law.jpgJudge Williams, you may recall, is a judicial hottie, described by the New York Times as “a tall, slender woman with delicate features and a regal carriage.” Rumored to have both a private plane and a personal shopper, the stylish Judge Williams is known around her hometown of Orangeburg as “Miss Karen.”
(Yes, she’s married. But as a fellow South Carolina native explains, “the first thing one must learn about Orangeburg is that every woman is referred to as Miss,” regardless of her marital status.)
And who might be nominated to the Fourth Circuit to fill the new vacancy on the court? Some speculation appears after the jump.

double red triangle arrows Continue reading “Chief Judge Wilkins Makes Way for “Miss Karen””

Morning Docket: 11.27.06

Janet Reno Above the Law.jpg* Several federal law all-stars have filed amicus briefs in the 4th Circuit — which means a lucky clerk now has Janet Reno’s autograph! [SCOTUSBlog]
* Gun makers challenge a finding that lawsuits are legal. [Indy Star via How Appealing]
* “A lineup of legal heavyweights unusual even by Supreme Court standards is doing battle in a case pitting Wachovia Corp. against Michigan banking regulators.” [Bloomberg via How Appealing]
* Appellate law 101: Careful what you say at oral argument, they’re kind of picky about accuracy. [CNN]
* “Marijuana-for-homework mom gets 3 months.” [MSNBC]

musical chairs 2 Above the Law legal blog above the law legal tabloid above the law legal gossip site.GIFNew Partners:
* Proskauer Rose: Fourteen new partners, three new senior counsel. Names here.
* Baker Botts: Eighteen (!) new partners. Names here.
* Wilson Sonsini: Thriteen new partners. Names here.
(Only two members of the class of 1998. How long is the WSGR partner track as a practical matter?)
At Risk:
* Some are speculating that William Haynes II, general counsel to the Department of Defense, will be replaced after CIA Director Robert Gates gets confirmed as Secretary Donald Rumsfeld’s successor (as expected).
But with his Fourth Circuit nomination in limbo, where would Haynes go? The Legal Times suggests that he’ll end up with “a high-powered legal job at one of the nation’s top defense contractors,” which sounds likely to us.
Deceased:
* Anthony Lapham, counsel at Goodwin Procter and former general counsel to the CIA, at the age of 70, of a heart attack.
Proskauer Rose Promotes 17 Attorneys [Proskauer Rose LLP]
Baker Botts Announces New Partners for 2007 [Baker Botts LLP]
Firm Names 10 New NY Partners [NYLawyer.com]
Firm Raises 13 to Partnership [NYLawyer.com]
Will the Pentagon’s Top Lawyer Follow Rumsfeld Out the Door? [NYLawyer.com]
Law Blog Obituary: Goodwin Procter’s Anthony Lapham [WSJ Law Blog]
Anthony A. Lapham, 70, Former C.I.A. Lawyer, Dies [New York Times]