Howard Bashman

If you’re like me, you’ve been reading Howard Bashman’s excellent appellate litigation blog, How Appealing, for years. When I started to write online more than a decade ago, Howard, a pioneer of legal blogging, was a role model and inspiration. (I pay homage to Howard Bashman and How Appealing with shout-outs in my forthcoming novel.)

Given our longtime admiration of Howard Bashman and How Appealing here at Above the Law, we are absolutely delighted to announce this partnership: effective October 1, 2014, How Appealing will be hosted at howappealing.abovethelaw.com. You can read Howard’s announcement of the affiliation here.

For those of you who love How Appealing and Above the Law as they are, there’s nothing to fear. Howard Bashman will continue to run the web’s top blog devoted to appellate litigation, and we will continue to cover the legal profession here at ATL in our inimitable style. We will display headlines of recent How Appealing posts on ATL, and How Appealing will display headlines of recent ATL posts. The primary change resulting from this partnership will be felt by advertisers, who will now enjoy a broader range of options within the Breaking Media family. If you are interested in advertising on How Appealing, Above the Law, or both, please contact advertising@breakingmedia.com.

Given How Appealing’s record of excellence dating back to 2002, we couldn’t be happier with this partnership. We look forward to working with Howard Bashman and How Appealing in the years ahead.

Announcing the new location of “How Appealing” [How Appealing]

Judge Richard Posner

From the Above the Law mailbag: “Is ATL ever going to call out Judge Posner for being so needlessly nasty to litigants?”

Ummm, no. I’m a big fan of Judge Richard Posner, who is brilliant and hilarious. (Yes, hilarious — if you doubt that, check out the awesome podcast that he and I did together, which you can download and listen to during your commute or at the gym.)

But in the interest of fairness, I will make this reader’s case. This correspondent cited the recent oral argument in Notre Dame v. Sebelius, which we alluded to yesterday, in which Judge Posner dispensed some benchslaps to Matthew Kairis, head of litigation in the Columbus office of Jones Day. The reader also mentioned the argument on remand in the Conrad Black case, alleging that Posner “was particularly nasty to Miguel Estrada, seemingly piqued that Estrada got him reversed by SCOTUS.”

Let’s focus on the Notre Dame v. Sebelius argument, since it just happened. How bad was it?

double red triangle arrows Continue reading “The Benchslap Dispatches: I Pity The Fool Who Tries To Talk Over Judge Posner”

* A lawyer fresh out of law school botched a domestic violence case by gushing all over Tom Hanks… who was serving as a juror. Which, in fairness, was awfully Big of him. [TMZ]

* Federal prosecutors are seeking at least 27 years in prison for a Massachusetts man who authorities say plotted to kill and eat his children based on a search of his home and car, which is presumably a Saturn. As one law professor observed, “Perhaps the lawyer will make a free exercise argument and claim that eating children is a requirement of his religion.” [CNN]

* If you’re going to drink and drive, be sure to toss a few back with the judge first. [KVUE]

* A criminal defense lawyer who begins every cross by making the cop look more humane and respectable. I thought the public defender from My Cousin Vinny was the lowest criminal defense could go in the comical incompetence department. [Katz Justice]

* Putin crony claims 100 percent of profits in a “public” oil company by flat ignoring minority shareholders. Shhhh! Stop giving Exxon ideas. [Breaking Energy]

* Elizabeth Wurtzel knows music (a subject she covered for the New Yorker for New York Magazine). In this article, she writes about The Replacements (something Wurtzel has made her past employers, including Boies Schiller, become familiar with). [The Daily Beast]

* On Monday, the American Constitution Society will host a preview of the upcoming Supreme Court session. Panelists include Pamela Harris, Randy Barnett, Joshua Civin, Andrew Pincus, and David Strauss. [American Constitution Society]

* Then next Tuesday, The Cato Institute’s Center for Constitutional Studies will host a symposium titled “The Supreme Court: Past and Prologue: A Look at the October 2012 and 2013 Terms.” Panelists include Tom Goldstein, Marcia Coyle, and Howard Bashman. [How Appealing]


Chief Judge KOZINSKI, disagreeing with everyone….

– The introductory line to Chief Judge Alex Kozinski’s recent separate opinion in Garfias-Rodriguez v. Holder (9th Cir. Oct. 19, 2012). As noted by the WSJ Law Blog, the other opinions of the highly fragmented en banc court had more traditional designations, like “concurrence” and “dissent.” Howard Bashman was amused.

(Additional news out of the Ninth Circuit, of a serious and sad nature, after the jump.)

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Chief Judge Frank Easterbrook: do not mess with this man.

Aficionados of appellate law are familiar with the Seventh Circuit’s reputation for procedural punctiliousness. The court has a track record of benchslapping lawyers who fail to follow rules, lawyers who seek to deviate from rules without justification, lawyers who engage in substandard advocacy, and lawyers who are “menace[s]” to their clients.

Lately the Seventh Circuit has been laying down its pimp hand. Last Friday, for example, Chief Judge Frank Easterbrook declared one Bridget Boyle-Saxton, who allegedly blew deadlines and ignored multiple orders to show cause, “unfit to practice law in this court.” Ouch.

Now, snobs might think, “Sure, Boyle-Saxton might be a well-known Milwaukee lawyer — but she works at a small law firm, apparently with two relatives of hers. What can you expect from such an outfit? This is why people hire the large white-shoe law firms. You pay through the nose, but you expect (and receive) perfection.”

If that’s your attitude, think again. Biglaw just got a big benchslap — from none other than Chief Judge Easterbrook.

Which firm incurred His Honor’s wrath, and for what alleged infraction?

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