Over the years, Judge Richard Posner (7th Cir.) has sent a number of his clerks to the chambers of Justice Antonin Scalia. Query whether Judge Posner’s record as a feeder judge to Justice Scalia will be impaired by the recent sniping between them (or by Judge Posner’s ideological drift; as he recently told NPR, he has grown less conservative “since the Republican Party started becoming goofy”).
Last month, Judge Posner expressed misgivings over Justice Scalia’s impassioned dissent in Arizona v. United States, a high-profile case about immigration. Judge Posner questioned the “famously outspoken” justice’s decision to include complaints about illegal immigrants in his dissent, suggesting that such discussion might be more appropriate for a campaign ad than a judicial opinion.
In a recent interview, Justice Scalia benchslapped back — hard. What did he have to say?
This morning saw significant activity at the U.S. Supreme Court. Although we did not get a ruling in the health care reform case (aka Obamacare), SCOTUS did hand down a number of important opinions. Check back later today, when we expect to have color commentary from our Supreme Court correspondent, Matt Kaiser, who attended the proceedings in person.
In the meantime, here’s a quick and dirty summary of what transpired at One First Street this morning, including links to the underlying opinions. The most high-profile case was the Court’s decision on the controversial Arizona immigration law, but there were other major cases that were resolved today as well….
Judge Martini could probably use a drink right now.
Last Friday, the U.S. Court of Appeals for the Third Circuit delivered two stinging benchslaps of Judge William J. Martini (D.N.J.). The benchslaps were delivered in two different cases by two separate three-judge panels, but both opinions vacated rulings by Judge Martini and also directed that the cases be reassigned to new judges on remand.
Ouch. As noted by the Newark Star-Ledger, “[i]t amounted to an extremely rare and harsh rebuke of a well-known federal judge who once served in Congress.” (Before he was appointed to the federal bench by President George W. Bush in 2002, Bill Martini served a single term in the U.S. House of Representatives; he ran for re-election but was defeated.)
What did Judge Martini allegedly do to incur the wrath of the Third Circuit? And what did the opinions have to say about His Honor?
Whenever there’s a big story, GT is there. In the past month, it has appeared in these pages as the possible savior of Dewey, the actual savior of Dewey’s Poland operations, and the victim of some alleged rudeness by a divorce lawyer in Texas.
And, of course, Greenberg Traurig has found itself at the center of the TD Bank controversy. Late last week, Judge Marcia Cooke held a contempt hearing, to decide whether Greenberg should be sanctioned due to a discovery debacle.
The hearing spanned two days and featured some high-powered witnesses. What happened?
Respondent brandishes his opinion as a battering ram, intentionally offending people. This Panel does not believe these are “slips of the tongue” or inadvertant. Respondent is intentional in his conduct and bull whips people by his words with a zeal. While in private life he may be as rude, offensive and demeaning as he chooses, in his professional life he may not hide behind his First Amendment rights to ignore his sworn responsibilities.
Female attorneys must be on the same cycle in Illinois, because based on all of the ethics complaints that have come down the pipeline, they’ve been acting a little crazy.
Today’s tale of alleged attorney misconduct comes to us as a result of a former public defender’s behavior in court. It’s nowhere near as juicy as the allegations against Reema Bajaj or Tamara Tanzillo, but it’s certainly a cautionary tale for lawyers everywhere who get a little hot-headed when they’re arguing before the bench.
Before you can say “oh sh*t,” let’s get down to the allegations….
Federal judges don’t take kindly to misstatements by counsel appearing before them. And when the judge is unhappy, the client is unhappy. And when the client is unhappy, outside counsel gets cashiered. It’s not a pretty process.
Let’s travel down to south Florida, where an allegedly incorrect statement by a partner at Greenberg Traurig has incurred the wrath of a federal judge — apparently resulting in the client replacing the firm, and the firm parting ways with the partner.
The renowned IP litigator Matthew Powers, founding partner of Tensegrity Law Group, has a nickname here at Above the Law. We like to call him Matt “Pimp Hand” Powers. Back in 2008, a paralegal at Weil Gotshal alleged in a lawsuit that Powers, former cochair of litigation at Weil, ruled over his domain by alternating between use of the “pimp hand” and the “mojo hand.” The “pimp hand” was used to intimidate and coerce, while the “mojo hand” was used to stroke and cajole.
Over the years, numerous litigants have felt the sting of Powers’s pimp hand. He has been described, quite accurately, as “one of the most feared, respected, and successful patent litigators in the country.” As noted on his website bio, Matt Powers “is known for taking tough cases to trial and winning them,” on behalf of leading technology companies like Apple, Oracle, Microsoft, and Intel.
But now the tables have turned. Powers recently found himself on the receiving end of a benchslap — from a lowly administrative law judge, ick….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
Connecticut plaintiffs-side boutique litigation firm (12 lawyers) seeks full-time associate with 2-4 years litigation experience, top tier undergraduate and law school education. Journal or clerkship experience a plus; highest ethical standards and strong work ethic required. Familiarity with Connecticut state court legal practice is preferred, but not required.
The firm handles sophisticated, high-end cases for plaintiffs, including individuals and businesses with significant claims in a wide array of matters. Our cases often have important public policy implications, and are litigated in state and federal courts throughout Connecticut. Representative areas of practice include medical malpractice, catastrophic personal injury, business torts, deceptive trade practices and other complex commercial litigation, and products liability.
Additional information can be located on our website, at www.sgtlaw.com.