Sixth Circuit
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Morning Docket
Morning Docket: 08.27.15
* Should town clerks opposed to gay marriage be required to issue licenses to all couples? The Sixth Circuit says…. [How Appealing]
* John H. Ray III, the African American ex-associate at Ropes & Gray who claimed the elite firm discriminated against him, loses in court again, this time before the First Circuit. [National Law Journal]
* Vester Lee Flanagan aka Bryce Williams, the Virginia television broadcaster who killed two colleagues on-air before killing himself, was also no stranger to the legal system: he filed multiple lawsuits alleging racial discrimination. [New York Times]
* Why are in-house lawyers more likely than their non-attorney corporate colleagues to fall for phishing emails? [ABA Journal]
* Dewey know when the prosecution will rest in this seemingly endless trial? Probably today. [Wall Street Journal]
* State judges get nasty with each other in Oregon. [Oregonian]
* Federal judges around the country are advocating for a second look at how defendants get sentenced. [New York Times]
* The Dilly in Philly: Paul Clement v. Ted Olson. [Am Law Litigation Daily]
* A T14 law graduate turned “traveling artist” gets charged with criminal sexual assault in Chicago. [Chicago Tribune]
* Speaking of sexual assault laws, Emily Bazelon explains how the St. Paul’s Rape Case shows why these laws must change. [New York Times]
* Update: convicted Colorado movie theater shooter James Holmes didn’t get just a life sentence, but 12 life sentences — plus 3,318 years on top of that. [CNN]
* Linda Hirshman, author of the forthcoming book Sisters in Law: How Sandra Day O’Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World (affiliate link), explains how Justices O’Connor, Ginsburg, and Sotomayor brought wisdom to SCOTUS (but where’s the love for Justice Kagan?). [Slate via How Appealing]
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Federal Judges, Old People
93-Year-Old Federal Appellate Judge Would Appreciate It If You Could Wrap This Case Up Before He Dies
This poor old judge really wants this case to end. - Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get… -
6th Circuit, Weddings
Legal Eagle Wedding Watch: Inseparable
Three impressive couples; who deserves top honors?
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Cellphones, Technology
Butt-Dial Someone? No Reasonable Expectation Of Privacy
Next time you put your phone in your pocket, make really, really sure that it's off. -
Federal Judges, Technology
Today's Tech: A Federal Judge On Trial Presentation Technology In His Courtroom
Why is this Sixth Circuit judge so excited about the use of trial presentation technology in his courtroom? -
6th Circuit, Biglaw, Books, Cars, Crime, Edwards Wildman, Federal Judges, Gay Marriage, Jeffrey Toobin, Law Schools, Layoffs, Morning Docket, SCOTUS, Sentencing Law, Supreme Court
Morning Docket: 11.07.14
* As mentioned earlier, the Sixth Circuit upheld same-sex marriage bans in four states. Judge Martha Craig Daughtrey’s dissent is a very fun read because it’s dripping with sarcasm. [WSJ Law Blog]
* Sentencing has been delayed for Dzhokar Tsarnaev’s friends during the pendency of the Yates case at SCOTUS. Like a grouper, a backpack may not be a “tangible object.” [National Law Journal]
* Bingham McCutchen and Edwards Wildman Palmer are planning to shed lawyers and staff members in anticipation of their proposed mergers with Morgan Lewis and Locke Lord. Ouch. [Am Law Daily]
* Weekend reading? ATL’s managing editor, David Lat, reviews Blindfolds Off (affiliate link), an interesting collection of interviews with judges about how they decide their toughest cases. [Wall Street Journal]
* Everyone, please stop what you’re doing. Jeffrey Toobin has discovered that law schools are in trouble, and he’s on the case. You can read more information about this new phenomenon here. [The New Yorker]
* Adam Tang, the man who drove a 26-mile loop around Manhattan in 24 minutes, was convicted of reckless driving without being present. Check out the video of his crazy drive, after the jump. [ABA Journal]
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6th Circuit, DUI / DWI, Gay, Gay Marriage, JPMorgan Chase, Law Schools, Non-Sequiturs, Patents
Non-Sequiturs: 11.06.14
* The Sixth Circuit, in an opinion by Judge Jeff Sutton, just upheld four states’ bans on same-sex marriage. Next stop, SCOTUS? [BuzzFeed] * JPMorgan Chase really doesn’t want people to hear this woman’s story. [Rolling Stone] * Dating site busted for sharing users’ STD info. [Slate] * If you’re opting for a life of crime, dream bigger. [Legal Juice] * There’s a patent on filming yoga classes. So class, you’re going to transition from “downward dog” to “shameless patent troll.” [Lowering the Bar] * The continued existence of Thomas Jefferson School of Law has spawned so many good lines. The Times compared the school to Dracula. Now Steven Harper describes it as “throwing furniture into the fireplace to keep the house warm.” [TaxProf Blog] -
6th Circuit, Crime, Hair, Politics, Religion
Splitting Hairs Over Causation: When Is Amish Beard Cutting A Hate Crime?
Does assaulting your parents in a way that is particularly hurtful to their religious values constitute a federal hate crime? - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
6th Circuit, Bankruptcy, Biglaw, Federal Judges, Gay, Gay Marriage, Health Care / Medicine, Job Searches, Lateral Moves, Law Schools, Morning Docket
Morning Docket: 08.08.14
* When it comes to all of the same-sex marriage cases that are currently before the Sixth Circuit, the deciding vote could be cast by Judge Jeffrey Sutton, a Republican appointee. [National Law Journal]
* Weil Gotshal snagged a partner from right under one of its largest competitor’s noses. Ray Shrock, formerly of Kirkland & Ellis, may someday co-chair Weil’s restructuring group. [WSJ Law Blog]
* “I got the reward that most volunteers get — which is I ended up having to read many, many hundreds of pages.” This Ogletree Deakins partner figured out how to undo Obamacare in his spare time, and all he got were these lousy bifocals. [Greenville News]
* On-campus interviewing season is almost upon us, so we’re going to give you all of the tips you can stomach. Here are a few more ways that you can hit all of your interviews out of the park. [The Careerist]
* Albany Law and the University at Albany are shockingly not already affiliated with each other, but they’re exploring an “operational alliance.” Will that mean fewer faculty buyouts, or…? [Albany Business Review]
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Federal Government
Sixth Circuit Analyzes Standards for Sanctions for Failing to Preserve Evidence
n Automated Solutions Corp. v. Paragon Data Systems, 2014 U.S. App. LEXIS 11918 (6th Cir. June 25, 2014), the United States Court of Appeals for the Sixth Circuit provided a close examination of the standards required for the imposition of severe sanctions for failing to preserve evidence. The case involved a dispute between two software companies over the development of software code. Essentially, the plaintiff Automated Solutions (“Automated”) accused Paragon Data Systems (“Paragon”) of utilizing Automated’s code to develop a competing software program. Automated filed a motion for sanctions seeking a default judgment against Paragon for Paragon’s failure to preserve a server and two hard drives utilized in the development of the competing software as well as computer backup tapes. The district court concluded that Paragon was negligent in failing to preserve the materials, but that there was no evidence indicating that Paragon acted with any willful or malicious behavior. Instead of imposing sanctions, the court indicated that it would consider the issuance of an adverse inference instruction against Paragon at trial. After Paragon prevailed on summary judgment, Automated appealed to the Sixth Circuit. -
6th Circuit, Biglaw, Defamation, Law Firm Mergers, Law Schools, Lindsay Lohan, Morning Docket, Trials, Video games
Morning Docket: 07.03.14
* Law firm mergers are on a record-setting pace, with 39 thus far in 2014. Just one “megamerger” was announced in the second quarter (Patton Boggs / Squire Sanders), but hey, we still have half the year ahead of us. [Am Law Daily]
* It hasn’t been a good week for the Thomas M. Cooley Law School. In addition to all of its enrollment woes, the Sixth Circuit affirmed the dismissal of its defamation suit against Team Strauss/Anziska. [National Law Journal]
* The doctors who spent the month of June evaluating Oscar Pistorius’s mental health found that he was depressed and posed a potential suicide risk. You’d feel the same if you were facing jail time. [CNN]
* Walgreens will give $180,000 to an ex-employee with diabetes as a settlement after the store fired her for eating a $1.39 bag of chips before paying to fend off a low blood sugar attack. [San Francisco Chronicle]
* Lindsay Lohan is suing Rockstar Games over an alleged character likeness in Grand Theft Auto V. To be fair, the character does kind of look like LiLo circa her “Mean Girls” days. [International Business Times]
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6th Circuit, Biglaw, Defamation, English Grammar and Usage, Federal Judges, Gender, Job Searches, Kids, Law Schools, Morning Docket, SCOTUS, Sports, Summer Associates, Supreme Court, Women's Issues
Morning Docket: 06.17.14
* Judges with daughters are seven percent more likely to support women’s rights than judges with only sons. Alas, Justices Scalia and Alito are impervious to human emotion. [New York Times]
* If you thought Supreme Court justices were “profoundly divided” over issues of law, wait until you see how they differ over the pronunciation of the word “certiorari.” [National Law Journal]
* This year’s summer associate programs sound pretty lame compared to the past: “The emphasis is certainly more on the work than it is on the social events.” All work and no play makes Jack an employed boy at graduation. [Boston Business Journal]
* “I saved the internet today. Your freedom continues.” Fair assessment. Sarah Jones’s win in her defamation case against Nik Richie and TheDirty.com was overturned by the Sixth Circuit. [Courier-Journal]
* If you’re choosing to go against the president’s wishes and apply to law school, here’s how you can leverage your major on all of your applications. [Law Admissions Lowdown / U.S. News & World Report]
* This cowgirl is putting aside her rodeo accomplishments to go to law school. At least she’ll have the experience needed to ride the bucking bronco of the post-recession job market. [Casper Star-Tribune]
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6th Circuit, Defamation, Quote of the Day, Trials
Will The Sixth Circuit Get 'A Rise' Out Of This Former Bengal Cheerleader's Dirty Case?
This case could mean curtains for online speech, so follow it closely.
Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
Legal AI: 3 Steps Law Firms Should Take Now
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Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
The Business Case For AI At Your Law Firm
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11th Circuit, 6th Circuit, Federal Judges, Legal Ethics, Money
Federal Judges Ruling On Cases Despite Holding Upwards Of $100,000 In Shares Of One Side
Judges don't hold themselves to the same standards of avoiding the "appearance of impropriety" that they would a fellow lawyer. -
6th Circuit, Animal Law, Biglaw, Job Searches, Non-Sequiturs, Technology
Non-Sequiturs: 04.03.14
* Corporette tackles the thorny question of what to do with your email when you leave a firm. Personally, I used my email to offer my firm’s services to a whole panoply of Nigerian princes on my way out the door, but her advice is good too. [Corporette] * Cursing out someone in court in a foreign language will not protect you from criminal contempt. Well, my investment in Rosetta Stone Romanian just went down the drain. [Southern District of Florida Blog] * Requiring wild animals to be microchipped is not a regulatory taking. Besides, as I read this NSA stuff, it seems like we should be more concerned about humans being microchipped than some Ocelot (named Babou, obviously). [IT-Lex] * This is just awful. There’s no joke here. Well, there is, but I’m not going to make it. [Fox News] * A little late, but this is a fun April Fools’ Day riff on Biglaw expansion efforts. I’m not saying they’re making fun of DLA Piper, but they’re totally making fun of DLA Piper. [Green Patent Blog] * If you’re looking for a public records request to make of the City of Philadelphia, try getting every document surrounding the decision to go after unpaid labor at the expense of giving paying work to lawyers. Screenshot here in case they get wise to the bad publicity. [Philadelphia Bar Association] * Kent Zimmerman discusses how some law firms are finding growth in the challenging market. Check it out after the jump…. [Mimesis] -
6th Circuit, Antonin Scalia, Biglaw, Federal Judges, Gay, Gay Marriage, Insider Trading, Law School Deans, Law Schools, Morning Docket, SCOTUS, Supreme Court
Morning Docket: 03.24.14
* Justice Antonin Scalia isn’t quite ready to publicly weigh in on whether computer data is considered a protected “effect” under the Fourth Amendment. “[T]hat may well come up [before the Supreme Court],” he says. Thanks NSA. [Business Insider]
* “[I]t doesn’t take many bad apples in a barrel to cause a stink.” No matter how hard Biglaw firms try to keep their confidential information locked down, someone’s going trade on it. It looks like STB is learning that the hard way. [Wall Street Journal (sub. req.)]
* The day after Michigan’s ban on same-sex marriage was struck down by Judge Bernard Friedman, couples who rushed to marry were met with some serious Sixth Circuit sadness. Way to stay and spoil all of the celebrations, judges. [New York Times]
* “We’re not the Cleveland Browns,” says one of Case Western Law’s interim co-deans. With that kind of a glowing endorsement, we don’t see how this law school could possibly fail. [Crain’s Cleveland Business]
* Rutgers Law-Newark has a new low-bono fellowship program “believed to be the first of its kind in the nation.” Some other law schools might have a bone to pick about that statement. [New Jersey Star-Ledger]
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6th Circuit, Biglaw, Clerkships, Dewey & LeBoeuf, Hotties, Securities and Exchange Commission, White-Collar Crime, William and Mary School of Law, Williams & Connolly
What Else Dewey Know About Zachary Warren?
Additional information about defendant number 4 in the Dewey criminal case, including testimonials from people who know him and information about his family's finances. -
6th Circuit, Biglaw, Clerkships, Dewey & LeBoeuf, Hotties, Law Schools, Partner Issues, Securities and Exchange Commission, White-Collar Crime, William and Mary School of Law, Williams & Connolly
What Dewey Know About Zachary Warren, Defendant No. 4 In The Criminal Case?
What do we know about this handsome and highly accomplished young lawyer? He's extremely bright and he's legal-world aristocracy, for starters. -
6th Circuit, Department of Justice, Federal Government, Federal Judges, Legal Ethics, Travel / Vacation
Was This 'Judicial Giant' Toppled By An Ethics Investigation?
How much did the judge agree to pay back to the federal government in travel expenses? A six-figure sum.... -
6th Circuit, Benchslaps, Federal Judges, Jury Duty, Pornography, Quote of the Day, Trials
Benchslap Of The Day: District Judge, You Better Work
This whole "district judge" thing sounds like a lot of work, doesn't it?