Thurgood Marshall

Morning Docket

Morning Docket: 02.26.16

* Given the unusually "circus-like atmosphere" surrounding the Supreme Court confirmation process, anyone who is nominated to fill Justice Antonin Scalia's seat must "have the backbone to take the risk of being out there in front of the recalcitrant Senate." Nevada Gov. Brian Sandoval apparently didn't have the testicular fortitude necessary for the challenging endeavor. [WSJ Law Blog] * President Obama nominated Judge Lucy Koh (N.D. Cal.), the queen of Silicon Valley tech-industry and patent litigation, to the Ninth Circuit. Consider what's likely to be her difficult confirmation a preview to the politically divisive process of getting Justice Scalia's replacement a meeting before the Senate. [San Jose Mercury News] * Of the current justices, Elena Kagan is the only one who has experienced the fallout of an eight-member Supreme Court. She clerked for Justice Thurgood Marshall when there was an almost eight-month vacancy on the Court, and may have learned how to avoid 4-4 decisions from Chief Justice William Rehnquist. [Big Law Business / Bloomberg] * Apple wants to vacate an order compelling the tech giant to help the FBI unlock one of the San Bernadino shooter's iPhones, noting "[i]f this order is permitted to stand, it will only be a matter of days before some other prosecutor, in some other important case, before some other judge, seeks a similar order using this case as precedent." [The Hill] * Johnson & Johnson may have suffered a $72 million blow in its loss in a case alleging links between talcum powder and ovarian cancer, but it doesn't necessarily mean that other plaintiffs will come away from their talc-cancer cases with windfalls quite as large. They'll still have to convince a jury that J&J's products caused their illness. [Reuters]

By Staci Zaretsky
Morning Docket

Morning Docket: 11.10.15

* Kid gets caught trying to buy skin mag with his dad's money. Not one copy, but the whole magazine. Proving there are some fantasies too big even with $8 million and a Bryan Cave lawyer in your pocket. [Law360] * Chris Christie is taking a strong stand against bestiality. There you go, buddy -- it's these sorts of courageous, controversial positions that will get you back in the prime time debates. [Associated Press] * Congratulations to Neal Katyal, who has now argued more cases before the Supreme Court than any male minority lawyer save Thurgood Marshall. With his argument in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, Katyal passed Drew Days and Wade McCree in this accounting (No, not that Wade McCree). [Supreme Court Brief] * Hollywood hotshot gives $5 million to UCLA School of Law. [National Law Journal] * Supreme Court ignores all lower courts and expands qualified immunity to cops who base their decisions on well-established action movie tropes. [Huffington Post] * Biglaw faces slowdown. [American Lawyer] * One law school is taking a stab at the access to justice problem in this country. [Big Law Business / Bloomberg BNA]

By Joe Patrice
Non-Sequiturs

Non-Sequiturs: 12.08.14

* The NAACP Legal Defense Fund took to Twitter to name every unarmed person of color killed by the police since 1999. Gawker compiled short bios on each. [Gawker] * Texas planning to ban the "affluenza" defense. [Lowering the Bar] * Pillsbury just moved into a cozy little office. Emphasis on "little." [The National Law Journal] * Georgetown Law students of color raise similar concerns as Columbia students. Again, I don't understand emotional trauma and I definitely think extensions should be measured in days and not weeks, but it strikes me all the people complaining about the extensions are just exposing themselves as bad students. If you think your neighbor getting 2 more days will hurt your grade, you're the one with the studying problem. [Georgetown Law Coalition] * And now Harvard. [Harvard Law Coalition] * If you rent a refrigerator, you consent to an arbitrator hearing your case after a repairman robs and beats you. Sounds about right. [Public Justice] * Uber ban after rape allegations. [Redline] * The Supreme Court told BP that no matter how much it tried, it can't slip out of its settlement agreement like an oil-soaked seagull. [Think Progress] * Finally, in the wake of the Eric Garner case, it's worth looking back at what Justice Marshall told us about police chokeholds. [Mother Jones]

By Joe Patrice
5th Circuit

Non-Sequiturs: 06.03.14

* Dan Marino was suing the NFL over concussions, becoming the highest profile former player to level a suit against the league. Among his allegations, he claims concussions led him to hold that ball laces in for Ray Finkle. Why do I say "was," you ask? Because he claims he filed suit accidentally. No greater proof of the dangers of concussions necessary. [Awful Announcing] * The Supreme Court used to gather in the basement and watch porn together according to Larry Tribe (affiliate link). Best anecdote is Justice Marshall narrating porn to the nearly blind Justice Harlan. You can spoil the ending for Justice Harlan here. [Washington Post] * It turns out the Brits have their own obsession with law school rankings. Here’s their “league table” for a legal education. [The Guardian] * You know not to wear a bikini to the firm pool party, but what should you wear to the other summer events? [Corporette] * An article ponders when firms are going to figure out that recent law school grads are perfect paralegals. Thanks for that kick in the gut. [New Geography] * Following up on an older story, the Fifth Circuit has withdrawn a ruling made in 2007 upon revelations that one of the judges involved had a financial interest in one of the parties. [Center for Public Integrity] * Do we need more reasons why Bitcoin is stupid? Ah, it’s used in messy divorces to hide assets. Perfect. [Digital Journal] * Debt collectors are increasingly giving up on calling you all the time and just seeking default judgments. [Huffington Post] * From the SUNY Buffalo commencement, Judge Thomas Franczyk and graduate Joey Nicastro took the stage to perform a song for the occasion. Francis Malofiy is already planning to sue them. Video below….

By Joe Patrice