Federal Judges

Judge Mark Fuller

Earlier this week, we brought our readers the sordid tale of Judge Mark fuller, a federal jurist facing allegations of domestic violence brought by his wife, Kelli Fuller. The good judge is also accused of having an affair with one of his law clerks, according to details from the police report that was viewed by the Associated Press.

Today, we’ve got some additional details about Judge Fuller’s history as an alleged lawyerly Lothario, as well as some updates in the case against him, including the transcript of the 911 call made by his wife during the course of the alleged assault…

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Judge Mark Fuller

It’s mid-August, and from what we’ve heard thus far, at least one federal judge with a lifetime appointment had an action-packed weekend.

As we mentioned in Morning Docket, Judge Mark Fuller of the Middle District of Alabama spent a night in jail after he allegedly had a violent altercation with his wife, Kelli Fuller. The Fullers were staying at the Ritz-Carlton in Atlanta, Georgia, when all hell broke loose — as tends to happen when accusations of marital infidelities are mixed with alcohol.

Judge Fuller was released from jail Monday morning after paying $5,000 bond, but what caused these events to occur, and with whom did his wife accuse him of having an affair?

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Robin Williams

* “No person, no matter how high, is above the law.” It would seem Chief Judge John Roberts is unfamiliar with many of the attorneys we write about on a daily basis. [Associated Press]

* Considering many Americans can’t name a single justice, whether the high court issues 9-0 or 5-4 opinions likely matters little, but Cass Sunstein has a study on it. [New York Times]

* Judge Mark Fuller (M.D. AL) spent a night in jail this weekend after an alleged domestic violence incident with his wife. He paid $5,000 bond before he was released. Uhh… Roll Tide? [CNN]

* The ABA moved forward with reforms to help students gain clinical and distance-learning opportunities. Alas, being paid for work was too controversial this time. [National Law Journal]

* A woman who was trapped inside a law firm as a gunman opened fire before killing himself is now suing everyone for damages. You’d probably sue, too — it must’ve been terrifying. [Times-Picayune]

* Robin Williams, the beloved actor who recently played a very disgruntled lawyer, RIP. [ABC News]

J.D. = Just Debt

* Baker & McKenzie was bumped from the top spot in the Global 100 last year when DLA Piper swooped in to steal the firm’s glory. This year, B&M is back with a vengeance, and richer than ever. Take that, DLA dopes. [Am Law Daily]

* “I’m pretty sure I just got fired.” Before the bud business was big enough for Biglaw, the mere suggestion of going green was allegedly enough to warrant some pretty major disciplinary action from a leading law firm. [National Law Journal]

* Judge Thomas Griesa is toying with holding Argentina in contempt for saying that it didn’t default. Argentina struck back with the social media hashtag #GrieFault. Clever. [DealBook / New York Times]

* Dzhokhar Tsarnaev’s defense team has an expert who says that any jury in Massachusetts will be tainted because of the “inflammatory” news coverage of the Boston Marathon bombing. [WSJ Law Blog]

* The ABA’s new Task Force on the Financing of Legal Education held its first public hearing to try to figure out why law school tuition is high. The ABA is so late to the party it’s not even funny. [ABA Journal]

* When it comes to all of the same-sex marriage cases that are currently before the Sixth Circuit, the deciding vote could be cast by Judge Jeffrey Sutton, a Republican appointee. [National Law Journal]

* Weil Gotshal snagged a partner from right under one of its largest competitor’s noses. Ray Schrock, formerly of Kirkland & Ellis, may someday co-chair Weil’s restructuring group. [WSJ Law Blog]

* “I got the reward that most volunteers get — which is I ended up having to read many, many hundreds of pages.” This Ogletree Deakins partner figured out how to undo Obamacare in his spare time, and all he got were these lousy bifocals. [Greenville News]

* On-campus interviewing season is almost upon us, so we’re going to give you all of the tips you can stomach. Here are a few more ways that you can hit all of your interviews out of the park. [The Careerist]

* Albany Law and the University at Albany are shockingly not already affiliated with each other, but they’re exploring an “operational alliance.” Will that mean fewer faculty buyouts, or…? [Albany Business Review]

* Utah appealed its same-sex marriage case to the Supreme Court, making it the first state whose law was smacked down by an appellate court to do so. Let the countdown begin. [National Law Journal]

* In the ruling that saved Alabama’s abortion clinics, Judge Myron Thompson likened the right to have an abortion to the right to bear arms. We can think of a few people who would take issue with that. [CNN]

* In case you’ve been wondering why tax inversions are hot right now, you can blame it all on some bicycling tax and M&A lawyers from Skadden — call them bikedudes at law, if you will. [WSJ Law Blog]

* Law schools tout the fact that their graduates are finding jobs in “J.D. Advantage” positions. Meanwhile, it remains unclear how much of an advantage a law degree actually offers in these jobs. [Am Law Daily]

* In a lawsuit peppered with crazy allegations, a law prof at Florida A&M claims in a gender discrimination complaint that male professors are “paid considerably more” than female professors. [Tampa Tribune]

On Tuesday, the D.C. Circuit ruled against Matt Sissel, the Iowa artist and entrepreneur who challenged the Affordable Care Act’s individual mandate on the grounds that the law violated the U.S. Constitution’s Origination Clause. Article I, § 7, clause 1 requires that “all bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.” Obamacare raises government revenue by billions of dollars, but it was drafted in the Senate. Judge Judith Rogers wrote the opinion in Sissel v. HHS for a panel including two newly minted Obama appointees, Judge Nina Pillard and Judge Robert Wilkins.

This ruling comes in the wake of last week’s dueling decisions in Halbig v. Burwell and King v. Burwell. Another D.C. Circuit panel found that Obamacare subsidies were illegal in the 36 states that refused to set up state healthcare exchanges. On the same day, the Fourth Circuit disagreed. In court battles, Obamacare opponents are winning some and losing some.

What should we make of their track record so far?

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Litigators get away with a lot of obnoxious stuff during discovery. For better or worse, the pre-trial discovery phase of civil litigation is every lawyer’s opportunity to relive those times when parents leave kids alone for the first time: every slight, disagreement, and jealousy on a slow boil explodes into anarchic back-biting once there’s no authority figure around to enforce civility. Bring on the mean-spirited letters and smack-talking RFAs.

When it comes to depositions, it doesn’t always reach “fatboy” levels, but a federal deposition isn’t a deposition until someone threatens to call the magistrate — though never does.

Which is why this benchslap, where a federal judge levies a sanction straight out of elementary school, is so appropriate….

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And you’d think it would be Justice Scalia. But you’d be wrong!

So what darkened this legal luminary?

If you guessed “shadowy intelligence services,” you’re right. Congratulations! ATL would like to send you your prize! You win ███████. Remember to ask for it by name.

Opinions get redacted or sealed all the time, but the latest from the Seventh Circuit is a doozy….

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Rarely are the stakes of a benchslap elevated to the level of life and death.

And yet, a federal judge made just such a life and death call recently in swatting down an annoying lawyer wasting the court’s time with a litany of discovery disputes.

Thankfully, despite the stakes it’s a pretty funny benchslap….

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