Such arrogance and assumption of power by one individual is not acceptable in our judicial system.
– Judge Stephen Reinhardt, concurring, in Townley v. Miller. A Ninth Circuit panel stayed a district court’s preliminary injunction order in a case involving Nevada’s “none of these candidates” ballot option.
(More about this interesting and politically charged case, after the jump.)
In case you missed it, you should check out Judge Richard Posner’s recent review of the new book by Justice Antonin Scalia and Bryan Garner, Reading Law (affiliate link). The review is deeply thoughtful and elegantly written, but a bit… harsh. It’s a definite reverse benchslap.
And it’s just the latest blow in an ongoing slugfest between Judge Posner and Justice Scalia, which we’ve chronicled in our pages. In June, Judge Posner criticized Justice Scalia’s dissent in Arizona v. United States. In July, Scalia saucily responded by saying of Posner, “He’s a court of appeals judge, isn’t he? He doesn’t sit in judgment of my opinions as far as I’m concerned.”
Ouch. These exchanges got me (and others) wondering: What’s going on between these two eminent jurists?
I reached out to both Justice Scalia and Judge Posner with this question: Is it personal?
What. A. Day. Long long ago, in a time before lunch, I again trekked down to San Jose to watch the closing arguments in Patent Super Bowl 2012: Apple v. Samsung. That, and go through the most boring morning of my life, as close to 40 attorneys, dozens of spectators, reporters, and the unseen masses in the overflow room, sat through a reading of 109 pages of jury instructions.
But after lunch, we finally got what we hoped for: four hours of impressive performances from Charles Verhoeven, Bill Lee, and Harold McElhinny. We’ve probably got a year’s worth of Quotes of the Day from this afternoon, but by the end of the day, one phrase, one idea was abundantly clear: “The world is watching.”
Well, it’s that time. Cue the Gladiator theme. Testimony in Apple v. Samsung is over, and closing statements are tomorrow. Any and all attempts at settlement have failed epically. Assuming I can get a seat, I’ll be down in San Jose watching and tweeeting the proceedings tomorrow. First, let’s take a look at some predictive analysis of how the world could change depending on who wins the jury’s favor.
It’s still anyone’s ball game, so journo-pundits, unleash the hyperbole and high-minded rhetoric!
Every day it seems the Apple v. Samsung trial couldn’t get any more exciting, but somehow every day, the court proceedings seem to ratchet up the ridiculousness. Samsung has rested its case, and commentators expect closing arguments to happen on Tuesday.
But the trial won’t close out quietly. The vitriol from all sides shows no signs of slowing down — least of all from Judge Lucy Koh, who has quite simply had it up to here with the tech giants’ bickering.
Yesterday she again tried to convince the parties to settle, without much success. Today, the judicial badass inquired as to whether or not counsel was on drugs. Good times!
Last time we checked in with Paul Ceglia — the Man Who Would Be King of Facebook — and his lawsuit claiming partial ownership of the social media giant, he was facing sanctions if he refused to provide Facebook with a very touchy document known as the Kasowitz letter.
Well, the production deadline has come and gone, and there’s no letter. You know what that means. All aboarrrd! Next stop, Benchslap City…
[A]lthough we do not condone Pori’s conduct where he improvidently overscheduled himself and then tried to pick and choose which cases he would try, the contempt judgment is void due to technical procedural noncompliance, and the imposition of sanctions . . . is not supported by the record.
As we mentioned yesterday in Morning Docket, Judge Marcia Gail Cooke (S.D. Fla.) recently issued an omnibus order on multiple motions for sanctions in the high-profile case of Coquina Investments v. TD Bank. The plaintiff, Coquina Investments, moved for sanctions related to various alleged discovery violations.
At a contempt hearing held back in May, Judge Cooke heard testimony from employees of TD Bank and current and former lawyers from Greenberg Traurig, which previously represented the bank. She took the matter under advisement — but not before saying things like, “It is hard for me to describe in words the difficulty throughout this trial related to documents and discovery.”
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?
We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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