9th Circuit

Judge Diarmuid O’Scannlain (my former boss)

* Virginia is for lovers — gay and straight alike. Judge Arenda L. Wright Allen (E.D. Va.) just struck down the state’s ban on same-sex marriage (but stayed her ruling pending appeal). Happy Valentine’s Day! [Washington Post]

* The Ninth Circuit, in an opinion by Judge Diarmuid O’Scannlain, issued a major Second Amendment ruling. Is it correct, and what will happen next? Professor Eugene Volokh shares his thoughts. [Volokh Conspiracy; Volokh Conspiracy]

* Which leading law firms are trying to make the Comcast/Time Warner Cable monstrosity into reality? [American Lawyer]

* Did a Biglaw firm make a big-time mistake by blowing a deadline to appeal a $40 million verdict? [Law360 (sub. req.)]

* Speaking of screw-ups, making them in the e-discovery realm can be costly — a lesson that California is learning the hard way, to the tune of $32 million. [ACEDS]

* Former New Orleans Mayor Ray Nagin thought he’d be acquitted; he thought wrong. [ABA Journal]

* George Washington wasn’t a member of the one of the 8 magic groups — but his story still illustrates the truth of The Triple Package (affiliate link), according to Washington biographer Logan Beirne. [Fox News]

* Authorities have made an arrest for the package bombing that killed a retired Tennessee lawyer and his wife. [CNN]

Got a pedigree problem?

* The Supreme Court isn’t sure how to address restitution in this child pornography case, but the justices agreed that they didn’t like the “50 percent fudge factor” offered by a government attorney. [New York Times]

* No, stupid, you can’t strike a juror just because he’s gay. By expanding juror protections to sexual orientation, the Ninth Circuit recently added a new notch on the gay rights bedpost. Progress! [Los Angeles Times]

* The Privacy and Civil Liberties Oversight Board says the NSA’s domestic surveillance program is illegal and should be stopped. Sorry, Edward Snowden beat you to the punch on that one. [New York Times]

* While Blank Rome was busy denying a possible merger with Nixon Peabody, it picked up 21 attorneys from two small firms in California to open a San Francisco office. Sneaky. [Philadelphia Business Journal]

* Dennis T. O’Riordan, the ex-Paul Hastings partner who faked his credentials, was disbarred — not in New York, where he claimed he was admitted, but across the pond in the United Kingdom. [Am Law Daily]

* The ABA Journal wants to know if your law firm considers law school pedigree during its hiring process. Please consider the law schools your firm shuts out from OCI, and respond accordingly. [ABA Journal]

* Word on the street is UALR School of Law is trying to push an affirmative action program that’s “likely unconstitutional.” It might also be insulting to prospective minority students, so there’s that. [Daily Caller]

Kate Moss

* For the first time, a federal appeals court extended First Amendment protections reserved for trained journalists at traditional news entities to bloggers. Yippee, thanks Ninth Circuit! [L.A. Now / Los Angeles Times]

* If you want a Biglaw firm with a really generous 401(k) plan, look no further than Sullivan & Cromwell. It’s the most generous law firm plan in the country, with O’Melveny & Myers in second place. [BenefitsPro]

* A brain-dead patient in Texas is being used as an incubator because a state law requires hospitals to continue life support for pregnant women. Calling this the “cruelest pregnancy” is much too kind. [New York Times]

* Here are some depressing facts: not only are lawyers 3.6 times more likely to be depressed than non-lawyers, but they also rank in fourth place in terms of suicides per profession. Call someone if you need help. [CNN]

* Florida A&M must be absolutely thrilled that the ABA canceled the school’s show-cause hearing. It appears that the law school will be able to keep its accreditation, for now. [Tallahassee Democrat]

* If you’re a parent considering going to law school with a young child at home, congrats, because you must be rich to be toying with an idea like that. [Law Admissions Lowdown / U.S. News & World Report]

* Playboy is suing Harper’s Bazaar for using its pictures of Kate Moss without permission. The men’s mag wants $150K per picture posted on the luxury mag’s website — that’s one lavish lapin. [Independent]


* Wal-Mart may recall loads of donkey meat from their stores. Not because they sold donkey meat — they intended to do that — but because there was fox meat mixed in. What does the Fox Say? Nothing, because it was ground into donkey meat. The end. [MSN Money]

* Of course Colorado got rid of mile marker 420. But it’s not because they don’t like weed — it’s legal there, after all — check out the real reason. [Lowering the Bar]

* Judges are reading briefs on iPads now? Here’s how you write a brief for a judge who has an app for “law.” [Columbia Business Law Review]

* A listing of this lawyer’s previous representations. In the words of our tipster: “Don’t know what’s worse: Courtney Love or the Gambino crime family.” [Andrew Mancilla, Esq.]

* The Ninth Circuit gave the go-ahead for about 60,000 tech workers to sue Google, Apple, and other companies for artificially driving down wages by agreeing not to poach each others’ employees. Hey, give these folks some love, not every one of them is going to go start a new video game company. [Reuters]

* A lot of Cuban-American families in Miami blow a lot of money on quinceañeras. Here’s a way to recoup some funds: throw a completely innocent party and wait for the cops to come by and commit police brutality. This guy netted $90,000 that way. [Miami New Times]

The guy in today’s story didn’t dress up like Gumby, but it’s still an amazingly stupid disguise.

* Man tried to rob a convenience store so he could go back to prison. And he almost screwed that up… [KMOV]

* The CIA’s former lawyer explains how torture came to be a go-to national policy. According to John Rizzo, author of the forthcoming Company Man (affiliate link), George W. Bush basically had no conception of what was going on, which makes a lot of sense anyway. [The New Yorker]

* Brooklyn Law’s Dean Nick Allard makes predictions for law schools in 2014. “[P]eople will look back at 2014 and say it marked the start of the new world of law: a renaissance where the respect and reputation of lawyers and law schools began to rise by measurable benchmarks.” Go ahead and laugh, I’ll wait. [TaxProf Blog]

* Paul, Weiss picks up tax partner Scott Sontag from Weil Gotshal. (Congrats to both firms, by the way, on tying for the #9 spot in our list of top-ranked law firms for 2013.) [Paul, Weiss]

* Nooooooooooooo! Judge Richard Kopf is ending his blog. [Hercules and the Umpire]

* And the hits keep on coming. Professor Kyle Graham is also leaving the blogosphere. [Non Curat Lex]

* The Ninth Circuit will start streaming all of its oral arguments next week. If you want to help them out, tune in. No promises that the panel will excoriate any prosecutors this time. [Ninth Circuit]

* The Grinch goes to court to get some legal redress. Dr. Seuss really is all about the law. [NPR]

* How much bulls**t is wine appreciation? This guy is in trouble for selling fake wine to so-called experts for years and they never noticed. [Gawker]

* Is this really the most likely scenario after you graduate with a law degree? [Law School Lemmings]

* Congratulations to Eric Schneiderman for successfully getting fired Domino’s workers back on the job. Living up to the New York’s AG’s new “If You Don’t Get Justice In 30 Minutes, It’s Free” promotion. [Daily Kos]

* Celeb lawyer saves kid from getting bowled over by Chicago Bulls. Amazingly, the Knicks were able to take this guy’s lead and actually won a game. [TMZ]

* Creating fake Linkedin accounts to make your competitor seem like it’s really a foreign company. Well, that’s one way to compete. [IT-Lex]

* Folks who’ve been watching the Ninth Circuit’s en banc proceedings have asked why Judge Gould appears by video. The reason is that Judge Gould has multiple sclerosis and works from his home base in Seattle. Here’s an awesome profile of the judge. [United States Courts for the Ninth Circuit]

* Elie joined Non-Sequiturs all-stars Jessica Mederson of Legal Geeks and Kevin Underhill of Lowering the Bar on Legalese It! with Mike Sacks. They discussed the D.C. Circuit, India’s new anti-gay law, and the affluenza case. The video after the jump…

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Chief Judge Kozinski has been feisty with prosecutorial overreach lately. A couple months ago, he snarked his way through an en banc beatdown of a prosecutor who asserted facts not in the record to secure a conviction. He was no doubt hoping to give us an encore performance in a case out of Washington, but his colleagues denied the request for an en banc rehearing.

But that didn’t stop the inimitable jurist from penning a lengthy dissent from the decision leveling harsh criticism at the prosecutor for the “violence done to the Constitution.”

So is the Chief Judge just cranky or was there some real abuse here?

double red triangle arrows Continue reading “Chief Judge Kozinski Gets Benchslappy When Doubts About Lab Tests Concealed From Defendant”

And no, it’s not about lowering their reversal rate in the Supreme Court. In fact, in recent years the Sixth Circuit has surpassed the Ninth Circuit as the most-reversed appeals court in SCOTUS. (Veteran Supreme Court litigator Tom Goldstein also pointed this out at our ATL reception with him a few weeks ago.)

So how can you help out the Ninth Circuit? It’s a very easy and simple request, sent to us from Chief Judge Alex Kozinski….

(Please note the UPDATE at the end of this post.)

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Judge Kozinski: turning over a new LEAF?

That’s right, plaintiffs’ counsel sat down to the negotiating table and cut a deal, without knowing a single thing about what cards their opponents held. For all counsel knew — for all they know even today — there are memoranda and reports in Nissan’s internal files disclosing that the LEAF’s Lithium-Ion battery suffers from a variety of defects, and that Nissan nevertheless decided to go to market with it.

– Chief Judge Alex Kozinski, filing an objection to a class action settlement between Nissan and buyers and leasers of its electric car, the LEAF. Alison Frankel of Reuters describes having Chief Judge Kozinski as an objector as a “lawyer’s nightmare.”

Look out Inspector Gadget!!!

* CeeLo Green, through his attorney, tells the judge and prosecutors in his criminal case to, um, Forget themselves. He’s miffed that the judge and prosecutors set up cameras during his arraignment and left themselves out of the shot creating a false impression of guilt. This marks the first time this guy didn’t want a camera fixated solely on him. [TMZ]

* Samsung wants a mistrial in its case with Apple because Apple’s attorney, Harold McElhinny, implied in his closing argument that American-made jobs building TV sets moved overseas because companies failed to protect intellectual property. Samsung is arguing that this is racist. [Bloomberg]

* Remember the matter of the attorney supposedly stalking a jury? Well, the judge has overturned the verdict over it. [Courthouse News Service]

* A week in the life of a Biglaw litigation associate. It’s a decent list, but where were the Thursday Night Football and Netflix? [Big Law Rebel]

* JPMorgan is awfully sorry for making the conscious decision to sell toxic securities that helped destroy the economy. “Our bad, y’all!” [Gawker]

* The justices who penned Bush v. Gore shamelessly admitted how terrible the decision was by trying to claim it had no precedential value. Unfortunately, no one listened to them. [Mother Jones]

* In addition to the many law firms that are contributing to Typhoon Haiyan relief efforts, several Asian-American lawyer groups are organizing a fundraising event this coming Monday. If you’re in New York, please consider attending! [Facebook; AABANY]

* In sad news, the son of Ninth Circuit Judge Jay Bybee shot and killed himself in the courtyard of the LDS Temple in Henderson, NV. Our thoughts are with Judge Bybee and his family. [Las Vegas Review-Journal (gavel bang: Las Vegas Law Blog)]

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