The latest layoffs involve both lawyers and staff, based out of two large legal markets, New York and Washington, D.C….
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Sequestration has government lawyers going on mandatory furloughs and facing ethical dilemmas. But the federal bench has cause to bust out the bubbly.
On Monday, the Supreme Court took a pass on an appeal from the Federal Circuit that ordered the government to pay cost-of-living adjustments to six federal judges that the feds routinely stiffed over the last 20 years or so.
Sure, right now this only applies to the six judges who sued, but it’s only a matter of time before a huge swath of the federal judiciary takes the government to court.
How big of a pay day are we looking at?
Given the Government’s conduct in this case, the court orders the Government to show cause why it should not be sanctioned under this court’s inherent authority. It seems that sanctions may be needed to motivate VA in the future to treat its commitments and representations to this court and opposing counsel with the seriousness to which they are entitled.
– Judge S. Jay Plager, reprimanding counsel for the Department of Veterans Affairs in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs (Fed. Cir. Mar 21, 2013), a case concerning the due process rights of veterans seeking benefits.
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* If you hate the government and you hate lawyers more, then you’ll love this. In the past five years, the feds have awarded $3.3 billion to more than 4,700 vendors for legal work. [National Law Journal]
* A year and a half after he was nominated for a Federal Circuit judgeship, and more than a year after his hearing, the Senate finally decided to confirm Richard Taranto. How kind. [Blog of Legal Times]
* Pretty pretty please? Zvi Goffer and Michael Kimmelman would really really like it if the Second Circuit could overturn their insider trading convictions due to unfairness. [Thomson Reuters News & Insight]
* The U.S. News law school rankings are often criticized, and here’s why: if survey respondents “were asked about Princeton Law School, it would appear in the top 20. But it doesn’t exist.” [Chronicle of Higher Education]
* Nevermind the fact that law school applications are down, but Northwestern Law is doing the “responsible thing” and reducing the size of its incoming class — and raising tuition by 3% to boot. [Wall Street Journal]
* Jason Rapert, the Arkansas senator who passed a fetal-heartbeat abortion ban in his state, says he “has no time” for anyone who says it’s unconstitutional. To paraphrase, ain’t nobody got time for that. [New York Times]
When Rick told Ilsa that the problems of three little people don’t amount to a hill of beans in this crazy world, he was right, because a hill of beans is worth a whole hell of a lot thanks to Monsanto.
Today, the Supreme Court will hear argument in Bowman v. Monsanto Co., an appeal from the Federal Circuit regarding the extent of Monsanto’s rights in patented, genetically modified soybean seeds. In addition to the obvious stakes for the agricultural sector, the decision could impact the entire biotechnology industry, as well as computer software and nanotechnology. I mean, I want to know who holds the patent when the grey goo overruns the planet!
So, who are the players and why do they care?
- Abortion, Federal Circuit, Intellectual Property, Law Professors, Law Schools, Non-Sequiturs, Politics
* Sadly, Ronald Dworkin has died at 81. [The Faculty Lounge]
* Oracle really really hopes the Federal Circuit has read Harry Potter. But of course they have, because… nerds. [Groklaw]
* An interesting look at the false dichotomy between teaching and practice. It’s probably unfair, but all I kept thinking was, “those that can, do; those that can’t…” [PrawfsBlawg]
* Overlawyered cites, presumably with disdain, a school district banning the use of a piece of playground equipment. I’m sympathetic to the school for two reasons: (1) when I was a kid, I broke my arm on a piece of playground equipment; and (2) take a look at the death trap of a machine they’re banning. [Overlawyered]
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* President Barack Obama recently nominated two attorneys for the Federal Circuit who are being referred to as “noteworthy” because of their ethnicity (Asian American) and sexual orientation (openly gay). Let’s hear three cheers for diversity! [Blog of Legal Times]
* Dewey & LeBoeuf and Howrey have something in common aside from going down in a gigantic ball of flames that rocked Biglaw as we know it. Both firms’ fine art collections will soon be auctioned off by Adam A. Weschler & Son Inc. [WSJ Law Blog (sub. req.)]
* There’s nothing like acting like the product you’re selling: MGA, the maker of Bratz dolls, would like to have Orrick’s $23 million arbitration award vacated because paying your legal bills is so passé. [The Recorder]
* We briefly noted California’s new bar passage mandate for state-accredited schools here, but now a law school is suing over it, claiming the bar examiners are “waging a vendetta” against it. [National Law Journal]
* The NCAA wants to get Pennsylvania Governor Tom Corbett’s suit over PSU’s Sandusky-related penalties tossed, with a harsh reminder that hurt feelings have absolutely nothing to do with antitrust law. [Bloomberg]
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* PETA sends Bebe a cease-and-desist letter over fur-free advertising. To be honest, I only understood half of what I just wrote. [Fashionista]
* Here are five reasons why editors hate lawyers. Of course, when the editors are lawyers, you just kind of end up hating yourself. [About Editing And Writing]
* Can someone explain to me how it’s constitutional for Virginia to promise not to enforce laws? [Pilot]
* I’ve been trying to find an excuse to link to this. It’s a guy who is blogging about news from 1913 as if it was happening in real time, in this technological environment. Here, we look at some very swift Southern-style justice. [Retro Pundit]
* I must admit, I wanted to pull out my Leonardo DiCaprio coconut drinking goblet to fully enjoy this rich-white-man fight. [Dealbreaker]
We think that the Board did not err in concluding that the distinction between COCKSUCKER and COCK SUCKER is a distinction without a difference. So too the association of COCK SUCKER with a poultry-themed product does not diminish the vulgar meaning – it merely establishes an additional, non-vulgar meaning and a double entendre.
This not a case in which the vulgar meaning of the mark’s literal element is so obscure or so faintly evoked that a context that amplifies the non-vulgar meaning will efface the vulgar meaning altogether. Rather, the mark is precisely what [appellant] Fox intended it to be: a double entendre, meaning both “rooster lollipop” and “one who performs fellatio.”
– Circuit Judge Timothy Dyk, affirming on behalf of a three-judge panel of the Federal Circuit the Trademark Trial and Appeal Board’s prior affirmance of an examiner’s refusal to register the mark “COCK SUCKER” for rooster lollipops.
- Celebrities, Drugs, Federal Circuit, Federal Judges, Gay, Michael Jackson, Morning Docket, Murder, Senate Judiciary Committee, Violence, WilmerHale
* A bill to repeal DOMA made it past the Senate Judiciary Committee, but members of the Senate don’t do dick (unless it’s in an airport bathroom), so it’s probably not going anywhere. [Blog of Legal Times]
* Next on the gay rights news beat, after waiting around for 18 months, WilmerHale attorney Edward DuMont has refused to be the last belle at the ball. He’s asked Obama to withdraw his Federal Circuit nomination. [ThinkProgress]
* “Be careful of what you do, ’cause the lie becomes the truth.” Sound familiar? Conrad Murray says the King of Pop deceived him. Oh, boo hoo. Come on, MJ warned you about this stuff via song lyrics back in the eighties. [CNN]