Sixth Circuit
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Courts, Technology
Sixth Circuit Reverses Conviction For Man Talked Into Criminal Acts By Undercover FBI Agents
From the make-your-own-terrorists,-lose-your-own-convictions dept. -
Courts, Sponsored Content
Sixth Circuit Designated To Rule On Consolidated Challenges To OSHA’s Vaccinate Or Test Mandate
The Sixth Circuit, randomly selected by lottery, will review the petitions filed in federal appeals courts within 10 days of the issuance of OSHA’s ETS. - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
Courts
President Trump's Eleventh Wave Of Judicial Nominees
Look for more confirmations in the very near future.
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Courts
The Latest And Greatest In President Trump's Judicial Nominations (Part 2)
President Trump just announced his tenth wave of judicial nominees -- who are they? -
Morning Docket
Morning Docket: 11.03.17
* 41 Cat Pictures That Prove Beyond All Doubt That Being BuzzFeed’s GC Is Freaking Awesome. [Big Law Business]
* Jeffrey Wertkin, the ex-Akin Gump partner accused of trying to sell whistleblower complaints while in disguise, plans to plead guilty later this month. As he said upon arrest, maybe his life really is over… [The Recorder]
* Professor Stephanos Bibas of Penn Law was confirmed to the Third Circuit by the Senate in a 53-43 vote. According to the law school’s dean, Bibas “possesses all the skills to excel on the federal bench.” Congratulations! [Philadelphia Inquirer]
* Justice Joan Larsen of the Michigan Supreme Court was confirmed to the Sixth Circuit by the Senate in a 60-38 vote. If you recall, Larsen was on the original version of President Trump’s Supreme Court shortlist, and was one of his top five finalists for Justice Neil Gorsuch’s position. Congratulations! [Detroit Free Press]
* Cozen O’Connor’s lobbying affiliate, Cozen O’Connor Public Strategies, poached a five-lawyer team of lobbyists from Manatt, and now Manatt no longer has a lobbying practice. [New York Law Journal]
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Books, Federal Judges
Lead Yourself First: An Interview With Judge Raymond M. Kethledge
Enjoy these insights and career advice from a prominent judge (and possible Supreme Court justice). -
Non-Sequiturs
Non-Sequiturs: 08.16.17
* Not wasting any time: Judge Amul Thapar, recently confirmed to the Sixth Circuit, authors his first published opinion as a member of that court. [How Appealing]
* “Can private employers fire employees for going to a white supremacist rally?” It depends, as Eugene Volokh explains. [Volokh Conspiracy / Washington Post]
* Joel Cohen explores special counsel Robert Mueller’s decision to impanel a grand jury in D.C. [Huffington Post]
* Neha Sampat identifies three ways to hire resilient lawyers — and the benefits to diversity of focusing on resilience. [Law Practice Today]
* Adam Feldman looks at which lower-court judges see their dissents most often vindicated at the Supreme Court. [Empirical SCOTUS]
* Gerard Magliocca raises some interesting issues about possible ratification of the Equal Rights Amendment (ERA). [Concurring Opinions]
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Benchslaps, Federal Judges
Sixth Circuit Shows How You Bluebook 'Basic Logic' In Benchslap
Sometimes a simple citation is embarrassing enough. - Sponsored
Document Automation For Law Firms: The Definitive Guide
Legal document automation is no longer only for the exclusive few. -
Federal Judges, Politics
Circuit Court Nominees In The Trump Administration: The Latest News And Rumor (Part 1)
What are the chances of these folks getting confirmed? -
Morning Docket
Morning Docket: 07.21.17
* Congratulations to John K. Bush, who won confirmation to the Sixth Circuit despite his controversial undercover blogging. [How Appealing]
* Team Trump is digging into the backgrounds of special counsel Robert Mueller’s all-star team of attorneys, looking for discrediting dirt. [New York Times]
* DLA Piper swallows up Liner LLP, a California-based boutique with 60 lawyers — so, DLA’s idea of breakfast. [Law.com]
* Justice Alito defends his tenure on the Supreme Court cafeteria committee (in this hilarious piece by Jess Bravin). [Wall Street Journal via How Appealing]
* Ex-Dentons associate Michael Potere, represented by a public defender, pleads not guilty to charges that he tried to extort his former firm. [Law360]
* Is the relationship of President Trump and Attorney General Jeff Sessions damaged beyond repair? [New York Times]
* Is Charles Miller’s move to Tarter Krinsky & Drogin the beginning of a partner exodus from Kasowitz Benson — one possibly driven by the debacle of the Donald Trump representation? [New York Law Journal]
* Texas Southern University’s Thurgood Marshall School of Law gets censured by the ABA in the wake of sex-discrimination allegations. [ABA Journal]
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Morning Docket
Morning Docket: 07.14.17
* The Second Circuit vacates the corruption convictions of former New York Assembly Speaker Sheldon Silver. Congratulations to his counsel, the high-powered litigation boutique of MoloLamken (which handled the appeal as well as the trial). [How Appealing]
* And congrats to federal judicial nominees John K. Bush (Sixth Circuit) and Kevin Newsom (Eleventh Circuit), who just got voted out of the Senate Judiciary Committee. [Washington Examiner]
* In other nomination news, the White House seems to be taking its time in announcing a Ninth Circuit nominee from Oregon. Delay may strengthen the case for frontrunner Ryan Bounds; his main competition, Chief Judge Michael Mosman, gets older by the day (turning 61 later this year). [Portland Tribune]
* Meet Michael Murray, an ex-SCOTUS clerk and Jones Day alum, who is the Justice Department’s new point person on pot. (Fun fact: Kevin Newsom, Ryan Bounds, and Michael Murray all clerked for my former boss, Judge Diarmuid F. O’Scannlain of the Ninth Circuit.) [U.S. News]
* Former Ropes & Gray COO Hugh A. Simons wonders: “Are Law Firms Too Sophisticated for Their Own Good?” [Am Law Daily]
* Will law school applications see a “Trump Bump,” as idealistic aspiring attorneys seek law degrees to join the resistance? We might have more on this later. [Law.com]
* Yes, lawyers should stand up for their beliefs — but they also can (and must) understand the arguments on the other side, as new Yale Law dean Heather Gerken explains. [Time]
* The Ninth Circuit has ruled in the Case of the Tweeting Judge. We might have more on this later as well. [How Appealing]
* Congratulations to Stephen Kane, an alum of O’Melveny & Myers and Lex Machina, on securing $1.8 million in funding for his FairClaims startup — which he describes as “a virtual Judge Judy.” [TechCrunch]
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Morning Docket
Morning Docket: 05.26.17
* The Russia investigation now turns to President Donald Trump’s son-in-law, Jared Kushner — proud holder of a law degree from NYU (and a really great set of abs). [Washington Post]
* Former Senator Joseph Lieberman (D-CT), currently senior counsel at Kasowitz Benson, has withdrawn from consideration as FBI Director (as my colleague Staci Zaretsky predicted, after Marc Kasowitz got hired by President Trump to represent him in the Russia probe). [New York Times]
* Congratulations to Judge Amul Thapar, President Trump’s first lower-court nominee, on his confirmation to the Sixth Circuit — although it’s disappointing that no Democrats voted in favor of this eminently qualified (and diverse) candidate. [How Appealing]
* Despite allegedly roughing up a reporter (for which he’s apologized), Republican Greg Gianforte won the race for Montana’s sole seat in the House of Representatives (as my colleague Joe Patrice predicted he would). [New York Times]
* How did Michelle Obama react when Barack Obama declined to pursue a coveted Supreme Court clerkship? Tony Mauro tells the tale. [Law.com]
* The ABA continues to fight the good (or not so good?) fight in defense of the Public Service Loan Forgiveness (PSLF) program. [ABA Journal]
* It seems that some folks on Capitol Hill like my proposed solution to the use of “blue slips” in the judicial confirmation process. [Washington Post via How Appealing]
* The Brooklyn District Attorney’s office concludes that a slew of murder convictions based on dubious evidence from embattled detective Louis Scarcella must be thrown out — and yet Scarcella engaged in no wrongdoing. [New York Times]
* Biglaw firms are suffering from an oversupply of lawyers, and a quarter of respondents to a recent survey said their associates don’t have enough work — which might explain why at least one firm has turned to laying off first-year associates. Yikes. [ABA Journal]
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Morning Docket
Morning Docket: 05.19.17
* Remember when Judge Nicholas Garaufis (E.D.N.Y.) flipped out at Kirkland & Ellis for not sending a partner to cover a status hearing? It seems K&E and its client Facebook’s groveling won over the judge: cases dismissed. [ABA Journal]
* A big settlement in the Takata air bags litigation — and presumably big legal fees for some of the firms involved. [National Law Journal]
* Congratulations to Judge Amul Thapar (E.D. Ky.) on clearing the Senate Judiciary Committee; he should hopefully be on the Sixth Circuit soon. [Washington Times]
* Congratulations to Rachel Brand on her confirmation as associate attorney general — although it’s unfortunate that more Democrats didn’t cross the aisle to support her. [Law360]
* And be careful what you wish for, Democrats: now that we have Robert Mueller as special counsel, congressional inquiries into Trump/Russia-related matters could stall. [Washington Post]
* Speaking of Russia probes, should President Donald Trump hire outside counsel to represent him? да, да. [New York Times]
* A closer look at prominent lawyer John K. Bush, nominated by President Trump to the Sixth Circuit. [Vetting Room via How Appealing]
* Does size matter? Yes — at least in this murder case where the defendant is invoking a “big penis” defense. [New York Post]
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Document Automation For Law Firms: The Definitive Guide
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6th Circuit, Federal Judges
T14 Law Professors Show Strong Support For Trump's Sixth Circuit Nominee
They really want to see her get confirmed. -
Federal Judges, Politics
More Judicial Nominations From The Trump Administration
We were right about a number of nominees; let's look ahead to the next batch. -
Federal Judges, Politics
Circuit Court Nominees In The Trump Administration: A Nationwide Round-Up
Names, names, and more names, for federal judgeships around the country. -
Morning Docket
Morning Docket: 09.16.16
* Former Berkeley Law dean Sujit Choudhry is suing the school, claiming that Berkeley discriminated against him by punishing him more harshly for alleged sexual harassment compared to white professors. [Law.com]
* The family of Sandra Bland settles its lawsuit over her death for $1.9 million. [New York Times]
* The Sixth Circuit, sitting en banc (and rather splintered), rules that the mental-health ban on gun ownership could violate the Second Amendment. [How Appealing]
* Congratulations to Miami corporate partner Ira Coleman, who will replace Peter John Sacripanti and Jeffrey E. Stone as chair of McDermott Will & Emery in January. [Big Law Business]
* Ashurst remains in a tailspin, with five partners (including two office heads) leaving in the span of 24 hours. [Ashurst]
* In other U.K. law firm news, Freshfields is replacing “Dear Sirs” with gender-neutral salutations in all communications and legal documents. [The Lawyer via Big Law Business]
* More exciting news for Bancroft: recognition for its pro bono work, which partners pledge will continue after they move over to Kirkland. [Law360]
* Paging parents who left Davis Polk to raise their kids: here’s a program to bring you back into Biglaw. [Law.com via ABA Journal]
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Morning Docket
Morning Docket: 08.22.16
* “You’re going to make a federal case out of this – a dispute between two sorority sisters?” A fight between two sorority sisters recently landed in the Eastern District of Pennsylvania, but it turns out the suit was dropped quicker than a misbehaving pledge. We’ll have more on this later today. [Philadelphia Inquirer]
* “Generally, it is God who decides whether presidents get Supreme Court appointments.” Justice Ruth Bader Ginsburg may be the oldest member of SCOTUS, but that doesn’t mean she’s preparing to step down, even if Hillary Clinton wins the presidency. She’s already hired clerks for the October 2017 term. [Washington Post]
* The Eastern District of Michigan has ruled that in cases of employment discrimination, religious rights trump transgender rights. The ACLU says this case has set a “dangerous precedent,” in that it has “exempted [a business that was “not a particularly religious operation”] from civil rights law with regard to transgender people.” [WSJ Law Blog]
* The ABA has closed a probe regarding allegations of religious discrimination (i.e., expulsion of students who left the Church of Jesus Christ of Latter-day Saints and bans of sexual activity between students of the same sex) that were said to have occurred at BYU Law School. The school is said to have changed its honor code. [ABA Journal]
* Infamous Kentucky clerk Kim Davis has lucked out thanks to some actions taken by the Sixth Circuit. A new state law removed the names of clerks from marriage licenses, thus enabling the appeals court to refuse her claims, allowing a judge to toss a suit she was facing over her unwillingness to issue marriage licenses to same-sex couples. [WSAZ]
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Morning Docket
Morning Docket: 06.02.16
* A judge has ruled that Andrew Schmuhl, the attorney accused of torturing and nearly killing the managing partner of the law firm his wife was fired from, will not be allowed to use an involuntary intoxication defense at trial. We may have more on this later today. [Washington Post]
* Congratulations to Justice Ruth Bader Ginsburg! A newly discovered species of praying mantis with a decorative neck plate, the Ilomantis ginsburgae, has been named after Her Honor thanks to her “commitment to women’s rights and gender equality… and her appreciation of the jabot.” This is an honor that is truly fitting for the Notorious R.B.G. [New York Magazine]
* Partners continue to head for the exits at Kenyon & Kenyon. This time, the chair of the IP firm’s life sciences and chemical prosecution practice fled for Fox Rothschild, and he took two others with him. What’s going on as this firm, and did they decide finally decide to officially pull the plug on the summer program? Let us know. [Big Law Business]
* “There’s absolutely no showing of any federal violation. The citizens of California are smart enough to know what their rights are.” Sorry, Bernie bros, but because unaffiliated voters’ rights haven’t been harmed, voter registration will not be reopened ahead of next week’s primary in the Golden State. Best of luck in the polls. [Los Angeles Times]
* People are still raging against this JOP: The Nevada Attorneys for Criminal Justice, a group of defense lawyers 150 strong, have filed an ethics complaint against Judge Conrad Hafen, saying he showed a “complete disregard for the law” when he handcuffed a public defender as she tried to represent her client. [Las Vegas Review-Journal]
* Boyce Martin Jr., chief judge emeritus of the Sixth Circuit, RIP. [Courier-Journal]
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Non-Sequiturs
Non-Sequiturs: 02.09.16
* That hashtag you’re using might just be a registered trademark, but that doesn’t mean it should be. [Buzzfeed]
* Yale Law students filed a class action representing people held in quarantine for 21 days amid fear of the Ebola virus. [Hartford Courant]
* The Sixth Circuit holds 10 weeks of constant video surveillance from a public road does not constitute a search under the Fourth Amendment. You know if you just assume you are always being watched, none of this really bothers you. [Volokh Conspiracy]
* Understanding the rapid fire world of SnapChat is essential if you don’t want to get left behind in the dustbin of history. [Associate’s Mind]
* Tackling the thorny issue of access to justice, in law school and after. [Reboot Your Law Practice]
* The ABA House of Delegates joins the call for cameras in the Supreme Court. What do they have against puppies? [Fix the Court]
* When we say, “life without parole,” what do we really mean? [The New Yorker]