Don’t try to answer my question with your own question.
- Antonin Scalia, Benchslaps, California, Constitutional Law, Gay, Gay Marriage, Quote of the Day, SCOTUS, Supreme Court, Ted Olson
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.
- 9th Circuit, Alex Kozinski, Benchslaps, Crime, Death Penalty, Deaths, Federal Judges, Murder, Police, SCOTUS, State Judges, Supreme Court
We will be appealing this decision to the U.S. Supreme Court. If the Court takes the appeal, I will argue it personally as I have done in two previous cases over the past five months. In my last case, the Supreme Court accepted my argument and overruled the Ninth Circuit’s decision unanimously.
(Why is Milke sometimes called the “Arizona sister” of Casey Anthony? Keep reading….)
- 9th Circuit, Alex Kozinski, Benchslaps, Crime, Death Penalty, Deaths, Federal Judges, Murder, Police, Videos
Perhaps this should be “benchslap of a few days ago,” since it happened last week. But it’s never too late to read about Chief Judge Alex Kozinski, right?
This latest benchslap involves the Ninth Circuit setting aside a murder conviction. So you might expect the benchslap to be coming from a unanimous Supreme Court in a summary reversal.
But no. The benchslap — actually, make that benchslaps, plural — come from the Ninth Circuit. On the receiving end: the police, prosecutors, a state judge, and a federal judge. Names are named.
And I wouldn’t hold my breath while waiting for SCOTUS to reverse. This decision looks pretty safe….
- 9/11, American Bar Association / ABA, Anthony Kennedy, Benchslaps, Biglaw, Football, Law Professors, Law Schools, Morning Docket, Privacy, SCOTUS, Sports, Supreme Court, Technology, Trademarks
* In case you didn’t catch this yesterday when it was announced, Osama bin Laden’s son-in-law, Sulaiman Abu Ghaith, is currently being held for trial in New York City. This will be the most unbiased jury in the world. /sarcasm [New York Times]
* According to Justice Anthony Kennedy, democracies shouldn’t depend “on what nine unelected people from a narrow legal background have to say.” Well then! I suppose we should look forward to the uprising. [The Big Story / Associated Press]
* Cooley and Winston & Strawn are working on the $600 million sale of everyone’s favorite store for slutty Halloween costumes, Hot Topic. Apparently that store still exists. I had no idea. Good to know! [Am Law Daily]
* Proskauer Rose is now the most powerful Biglaw firm in the sports world. It just goes to show that even if you’re too awkward to play ball, it doesn’t mean you can’t hit it out of the park in court. [Sports Illustrated]
* “I would love to blink and wake up in 10 years and see where all this ends.” Unemployed law grads are probably saying the same thing, but hopefully these law school law firms will be beneficial. [New York Times]
* A group of legal heavy hitters — “The Coalition of Concerned Colleagues” — submitted a cutting letter to the Task ABA Force on Legal Education. Next time, try “The Law School Avengers.” [WSJ Law Blog (sub. req.)]
* If it’s proven that enough Native Americans find the Redskins team name offensive, the Trademark Trial and Appeal Board may cancel the mark. Would it be offensive to call the TTAB Indian givers? [National Law Journal]
* An apple a day may keep the doctor away, but benchslaps are another thing entirely. Sorry, Gibson Dunn, but your document production “mistake” was “unacceptable” in Judge Paul Grewal’s courtroom. [Bloomberg]
There are two schools of thought on drafting a benchslap. One method involves laying out the most egregious behavior of the target right up front to set the tone for the scathing punishment to follow. The other, subtler method involves slow-playing the transgressions in a glorious crescendo of suspect conduct.
Senior Judge Victor Musleh of the 5th Judicial Circuit in Lake County, Florida ascribes to the latter school. When his February 28th order in Wells Fargo v. Granger hit the ATL tips inbox, I thought it was a mild story. But this page-turner of an order raised the stakes with each paragraph….
Whenever a decision opens with the line, “[y]ou don’t need a peg leg or an eye patch,” you know you’re in for some fun.
In this case, the always colorful Judge Kozinski provides an entire opinion about piracy months before International Talk Like a Pirate Day. This time the pirates are whaling protestors from the Animal Planet series Whale Wars, and the Ninth Circuit thinks they need to leave some poor Japanese whalers alone.
In the process, Judge Kozinski delivers a scathing benchslap to the lower court judge who just so happens to have a much more famous brother (and niece).
Who is it? Batten down the hatches and let’s find out….
- Attorney Misconduct, Benchslaps, Drugs, Minority Issues, Racism, SCOTUS, Screw-Ups, Sonia Sotomayor, Stephen Breyer, Texas, Trials, U.S. Attorneys Offices
But you need to stay on her good side; if you tick her off, woe unto you. Let’s check out the Beloved World (affiliate link) — of pain — that Her Honor just inflicted on a federal prosecutor down in Texas….