Boston Marathon Bombings

Morning Docket

Morning Docket: 08.18.20

* A special prosecutor appointed in the Jussie Smollett case found that the prosecutor's office abused its discretion in overseeing the matter. [Wall Street Journal] * A Texas lawyer is being sued for allegedly leading clients to a failed real estate investment with which the attorney had an undisclosed interest. [Texas Lawyer] * The Boston Bar Association is urging Attorney General Barr not to pursue the death penalty for the Boston Marathon bomber. [Boston Globe] * Apparently it's not libelous to tell a lawyer that he "needs to go back to law school." Maybe this is because lawyers learn very little about how to be practicing attorneys in law school... [Volokh Conspiracy]

By Jordan Rothman
Morning Docket

Morning Docket: 02.01.16

* Republican presidential candidate Senator Ted Cruz has pledged to "spend whatever political capital is necessary" to create the most conservative Supreme Court in our country's history. Uh-oh! Voters better elect him, or else we'll be "one justice away from ... unlimited abortion on demand." [ThinkProgress] * A shakeup at the top? More than 20 Schiff Hardin partners -- including the firm's former managing partner, practice group leaders, and an executive committee member -- are leaving to start their own firm thanks to an apparent leadership dispute. [Big Law Business / Bloomberg] * On the seventh anniversary of his signing of the Lilly Ledbetter Fair Pay Act, President Obama took action to address the gender pay gap. Companies with 100 employees or more must now include salary info on their annual EEO reports. [New York Times] * Boston Marathon bomber Dzhokhar Tsarnaev's legal team filed the first of what's sure to be many appeals: They've asked the First Circuit to overturn his conviction and death sentence, as well as an order that he pay more than $101M to his victims. [Reuters] * For some reason, people are highly opposed to the ABA's proposal to lift its ban on law students receiving pay for their credit-bearing externship positions. Yes, let's continue to make indebted students pay for their experiential learning opportunities. [ABA Journal]

By Staci Zaretsky
Morning Docket

Morning Docket: 01.19.16

* The New York Times editorial board believes SCOTUS justices "already have all the evidence they need to join the rest of the civilized world and end the death penalty once and for all" -- and they may get the chance to do so this Term (but won't). [New York Times] * A Texas lawyer has filed the first "birther" lawsuit against Republican candidate Ted Cruz, seeking a declaratory judgment that the Canadian-born senator isn't eligible to run for president. The filing is a pretty entertaining read in that it's completely insane. [KHOU 11 News] * Just when ex-Dewey & LeBoeuf chair Steven Davis thought his legal troubles were over, Citibank swooped in to slap him with a suit seeking repayment of a $400,000 loan for his capital contribution to the failed firm. [New York Law Journal via ABA Journal] * The U.S. Copyright Office has formed an academic partnership with George Mason University School of Law. We bet students and law school administrators alike are probably hoping it'll turn into an employment partnership as well. [IP Watchdog] * Lower-ranked law schools ought to thank their lucky stars that U.S. News "ranking competition" exists, because if not for fear they'd sink in the rankings, higher-ranked schools would've enrolled students typically bound for unranked schools. [Forbes] * Not only has Dzhokhar Tsarnaev's first bid to get a new trial been rejected, but in what's been called a "symbolic gesture," the convicted Boston Marathon bomber has now been ordered to pay more than $101 million in restitution to his victims. [Boston Globe]

By Staci Zaretsky
Morning Docket

Morning Docket: 05.18.15

* Jose Baez of Casey Anthony trial fame gave the commencement address at Valparaiso Law this weekend and let graduates know that they, too, can be attorneys, even if they've been financially irresponsible. They're letting this man teach at Harvard Law now. [The Times] * Suffolk Law and Cardozo Law will have new deans this summer, and both are planning for smaller classes. Considering Suffolk's plummeting LSAT scores (and standards?), its new dean may have bigger problems to deal with than filling seats. [National Law Journal] * He "Pressure Drop[ped]" the ball: If you could take the LSAT or open for the Rolling Stones with Toots and the Maytals, which would you pick? This Paul Hastings partner took the test, and says it's his only regret about choosing law over music. [Am Law Daily] * Boston Marathon bomber Dzhokhar Tsarnaev may have been sentenced to death last week, but it's highly unlikely that his punishment will be carried out any time soon, if at all. Instead, he'll be putting his lawyers to work for time ad infinitum. [WSJ Law Blog] * "[D]on’t let anyone say that Charleston School of Law was already in trouble." A local attorney says that this soon-to-fail law school only started circling the drain after its proposed sale to InfiLaw was announced. That's quite the indictment. [Post and Courier]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 05.14.15

* The NFLPA is appealing the 4-game suspension Tom Brady received in the wake of the Wells Report. It's more probable than not that he'll lose. [CNN] * Lawyer tackles his own client trying to flee the courtroom. Great, now litigators have to start worrying about the long-term effect of concussions. [Legal Cheek] * New rankings are out and Thomas M. Cooley Law School (or WMU or whatever) is NUMBER 1! Seriously. For real. Find out why... [Georgetown Law via TaxProf Blog] * The Wright Brothers: The Original Patent Trolls. [Concurring Opinions] * Are you into spy thrillers? What about lengthy treatises on standing? Well, then you're in luck. [Dorf on Law] * A Washington prosecutorial office rocked by misconduct allegations. Ho hum, prosecutors break the rules. But the source -- a whistleblowing veteran prosecutor -- is a new twist. [The Open File] * The jury is deliberating on Dzhokhar Tsarnaev's fate in the Boston bombing trial [Law and More] * The final two items both focus on agricultural regulations. First, a look back at the life of Roscoe Filburn, the wheat farmer at the center of Wickard v. Filburn. Now I'll never not see Homer Simpson when I think of that case. [Lawyers, Guns & Money] * Second, if you aren't following the raisins takings case, basically the government takes a share of the annual raisin crop for its own use... without compensating the growers. Put aside the constitutionality, that's startlingly inefficient when the government encourages farmers to shift away from a crop the government needs. Here's a video about the farmers at the center of the case. [YouTube] https://www.youtube.com/watch?v=HFbzLPJtYPE

By Joe Patrice
Morning Docket

Morning Docket: 05.14.15

* Andrew and Alecia Schmuhl, the husband-and-wife lawyer duo accused of treating a law firm managing partner and his wife to a "torture session," had a hearing this week where it was revealed that Andrew allegedly slit the managing partner's throat. [Washington Post] * 'We’re asking you to choose life. Yes, even for the Boston Marathon bomber." Jurors began deliberating in the death penalty phase of Dzhokhar Tsarnaev's trial late yesterday afternoon. It's worth noting that the last time someone was executed in Massachusetts was 70 years ago. [Boston Globe] * “Explaining these persistent gender disparities in income ... has proven to be much more difficult than simply identifying them.” Per a study conducted by Harvard Law, the wage gap for women in the law has been growing since 1975. [Big Law Business / Bloomberg] * The deadly Amtrak derailment hit too close to home for attorneys in the Northeast who travel frequently on the Acela line. In fact, some of our best tips have come from Acela trips. Our thoughts are with those who were affected by the crash. [National Law Journal] * A sexy little spat: Dov Charney, the ex-CEO of American Apparel, filed a $20M defamation suit against the company, claiming that despite what employees were told, he never agreed that he'd stay away from American Apparel for good. [Los Angeles Times]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.04.15

* Meet David King of King v. Burwell, the epic Obamacare case to be argued before the U.S. Supreme Court today. [New York Times] * And meet the two legal heavyweights who will be arguing the case before SCOTUS. [Politico via How Appealing] * Meanwhile, another Supreme Court has put a stop to same-sex marriage down in Alabama -- for now. [Buzzfeed] * General David Petraeus reaches a plea deal, requiring him to plead guilty to a misdemeanor and pay a fine (but no prison sentence). [Washington Post] * It's not as sexy as Obamacare or marriage equality, but the collection of state sales tax on out-of-state purchases made online is a pretty important issue -- and Justice Kennedy wants SCOTUS to revisit it. [How Appealing (linkwrap)] * In the wake of a leadership shake-up, Cadwalader is beefing up its Houston energy practice -- but is that a wise idea, with the price of oil spiraling downward? [American Lawyer] * Finally, something that Elie Mystal and Jordan Weissmann can agree upon: dropping the LSAT is a bad idea. [Slate] * A jury of eight men and 10 women will start hearing arguments today in the trial of Dzhokhar Tsarnaev, defendant in the Boston Marathon bombing. [How Appealing (linkwrap)] * Legal ethics guru Monroe Freedman, RIP. [ABA Journal]

By David Lat
Morning Docket

Morning Docket: 01.02.15

* In his year-end report, Chief Justice Roberts wrote about the high court's belated adoption of the latest technological advances, but promised SCOTUS briefs and filings would be online... next year. [New York Times] * It's been recommended that J. Michael Farren, the former White House lawyer who attempted to murder his ex-wife -- a former Skadden Arps attorney -- be disbarred in D.C. Apparently the bar considers a conviction for something like this a big no-no. [Legal Times] * Dzhokhar Tsarnaev's terrorism trial for his involvement in the Boston Marathon bombings will begin in Boston on January 5, despite his legal team's best efforts to avoid the inevitable. At least fangirls won't have to travel to admire him. [Bloomberg] * Here's one law prof's thoughts on Harvard Law's lame response to sexual assault complaints: "I believe ... that Harvard University will be deeply shamed at the role it played in simply caving to the government’s position." Well then. [WSJ Law Blog] * Remember the Idaho prosecutor who recited the lyrics to "Dixie" during closing arguments at a black man's trial? The defendant's conviction was overturned because the prosecutor "inject[ed] the risk of racial prejudice into the case." [NBC News] * "People asked me what I want as an epitaph: He tried." Mario Cuomo, the three-term New York governor and Willkie Farr alumnus who was once considered to replace Supreme Court Justice Byron White, has passed away. RIP. [New York Times]

By Staci Zaretsky
Department of Justice

Morning Docket: 10.20.14

* The Supreme Court is allowing Texas to enforce its strict voter identification law during the upcoming election, but Justice Ruth Bader Ginsburg, hero to the masses, wrote a rather scathing dissent in opposition. [New York Times] * Michael Millikin, GM’s beleaguered GC, will be stepping down from his position while the Justice Department continues its probe into the company’s fatal ignition switch failures. A replacement has not yet been named. [WSJ Law Blog] * Baltimore Law and Maryland’s HBCUs hooked up to assist underrepresented minorities get into law school. Full scholarships come with GPAs of at least 3.5 and LSAT scores of at least 152. [USA Today] * Kent Easter, the lawyer who was convicted for planting drugs in a school volunteer’s car, was sentenced to serve six months in jail. His law license will likely be suspended (just like his wife’s was). [OC Weekly] * Accused Boston Marathon bomber Dzhokhar Tsarnaev isn’t doing well in court, and his trial hasn’t even started yet. Motions to dismiss his case and to suppress evidence were denied. [National Law Journal]

By Staci Zaretsky
5th Circuit

Morning Docket: 10.07.14

* Since SCOTUS punted on same-sex marriage, people in states where gay marriage bans still exist are wondering when it will be their turn. It’s just a waiting game from here on out. [USA Today] * Babies wait for no one: a pregnant lesbian couple fighting the Texas ban on gay marriage filed an usual request asking that the Fifth Circuit hurry up and schedule arguments. [WSJ Law Blog] * The “puff, puff, pass” defense? Robel Phillipos, friend of accused Boston bomber Dzhokhar Tsarnaev, claims he was so high during the aftermath he can’t remember a thing. [Bloomberg] * When should you apply to law school? When you can get into a top school, have clear career objectives, and won’t have to take out loans. You’re preaching to the choir. [Law Admissions Lowdown / U.S. News] * A Burger King customer is suing because he claims the restaurant’s manager attacked him with a knife and a Taser. This all allegedly happened over some cold onion rings, of course. [New York Daily News]

By Staci Zaretsky
1st Circuit

Morning Docket: 09.25.14

* Per the First Circuit, plaintiffs who successfully challenge the Defense of Marriage Act in court aren’t entitled to attorneys’ fees. The Department of Justice had no comment. [National Law Journal] * Florida Coastal Law finished second-to-last in bar passage for the July 2014 exam, with 58% of grads passing. It was one of Florida Coastal’s worst performances to date. [Florida Times-Union] * ASU Law got a $10M donation, its largest ever. “The remarkable thing about it is we didn’t ask him for it,” says the dean, which is a slightly better response than Drexel’s dean had. [The Republic] * Much to his defense team’s chagrin, accused Boston Marathon bomber Dzhokhar Tsarnaev’s trial will remain in Boston. The media spectacle is set to begin in January 2015. [New York Times] * Mike “The Situation” Sorrentino of Jersey Shore fame was indicted on tax fraud charges to the tune of $8.9M. He pleaded not guilty yesterday afternoon. There aren’t tanning beds in jail. :( [Asbury Park Press]

By Staci Zaretsky
American Bar Association / ABA

Morning Docket: 08.11.14

* Baker & McKenzie was bumped from the top spot in the Global 100 last year when DLA Piper swooped in to steal the firm’s glory. This year, B&M is back with a vengeance, and richer than ever. Take that, DLA dopes. [Am Law Daily] * “I’m pretty sure I just got fired.” Before the bud business was big enough for Biglaw, the mere suggestion of going green was allegedly enough to warrant some pretty major disciplinary action from a leading law firm. [National Law Journal] * Judge Thomas Griesa is toying with holding Argentina in contempt for saying that it didn’t default. Argentina struck back with the social media hashtag #GrieFault. Clever. [DealBook / New York Times] * Dzhokhar Tsarnaev’s defense team has an expert who says that any jury in Massachusetts will be tainted because of the “inflammatory” news coverage of the Boston Marathon bombing. [WSJ Law Blog] * The ABA’s new Task Force on the Financing of Legal Education held its first public hearing to try to figure out why law school tuition is high. The ABA is so late to the party it’s not even funny. [ABA Journal]

By Staci Zaretsky
Celebrities

Morning Docket: 07.22.14

* From Big Government to Biglaw: Our congratulations go out to Benjamin Horwich, most recently of the Office of the Solicitor General at the U.S. Department of Justice, as he joins Munger Tolles & Olson as counsel. Nice work. [Munger Tolles & Olson] * The number of law school applicants took a nose dive for the fourth year in a row, this time by 8 percent, summarily crushing the hopes and dreams of law deans praying for a change of their otherwise most dismal fortunes. [National Law Journal] * Considering the latest slump in applicants, whether a law school evaluates your average LSAT score or highest LSAT score matters little. Admissions officers will jump for joy that you have a pulse. [Law Admissions Lowdown / U.S. News] * “You don’t have to convict on every count to have a win.” Azamat Tazhayakov, friend of accused Boston Marathon bomber Dzhokhar Tsarnaev, was convicted of obstruction and conspiracy to obstruct justice. [Bloomberg] * Per documents filed by a lawyer appointed to represent Philip Seymour Hoffman’s children, the actor didn’t set aside money for them because he didn’t want them to become “trust fund kids.” [New York Post]

By Staci Zaretsky
Biglaw

Morning Docket: 05.09.14

* If you want to become a Supreme Court justice, you can start by attending one of these three schools. The schools that produced the most justices are Harvard Law, Yale Law, and Columbia Law. [TIME] * Many of the transactional practice areas that took a bruising during the height of the recession, like corporate work, M&A, real estate, and tax, seem to be coming back. Sorry litigators. [WSJ Law Blog] * Following Oklahoma’s botched lethal injection, another death row inmate has been given a new lease on life — for the next six months — while an investigation is being carried out. [Associated Press] * Members of the defense team for accused Boston Marathon bomber Dzhokhar Tsarnaev not only want their client’s comments after arrest stricken from the record, but they also want the death penalty off the table. Good luck. [CNN] * A lawyer was arrested after a school board meeting because he complained for too long about a graphic sex scene in a book his daughter was assigned to read for school. That’s typical. [New York Daily News]

By Staci Zaretsky