Avalon Zoppo is an appellate courts reporter for The National Law Journal. Contact her at [email protected]. On Twitter: @AvalonZoppo.
July 02, 2024 | National Law Journal
Abuse of Process or Healthy Strategy? 4th Circuit Case Highlights Debate Over High-Low Deals in AppealsTypically found at the trial level, high-low agreements set a maximum and minimum amount that can be awarded after a verdict. For plaintiffs, they guarantee a base amount will be received; for defendants, they can prevent nuclear verdicts.
By Avalon Zoppo
10 minute read
June 28, 2024 | National Law Journal
Post-'Chevron': Lower Court Fights Are Expected Over Ability to Challenge Pre-'Loper' Agency Rules"I think we have a bit of uncertainty as to what happens as to prior adjudication that rested on Chevron," said Paul Hughes, of McDermott Will & Emery.
By Avalon Zoppo
6 minute read
June 28, 2024 | Law.com
Who's More Likely to Politically Time Retirement: Conservative, Liberal or Moderate Judges?"It looks like the more conservative you are, the more likely you were to have retired under Trump. And the more moderate you are, the more likely you were to have retired under Biden as a Republican," study author Maya Sen said.
By Avalon Zoppo
4 minute read
June 27, 2024 | National Law Journal
Creating Circuit Split, Panel Bars Hiring Bias Based on Status as CitizenThe Ninth and Fifth circuits are divided on whether the 1866 Civil Rights Act's prohibition on racial bias also bars citizenship discrimination.
By Avalon Zoppo
3 minute read
June 26, 2024 | National Law Journal
'Without Any Shame': Judge Slams Alabama's Refusal to Share Voter Lists ElectronicallyCongress should require states to produce records digitally if they are already maintained through computerized voter registration databases, unless they give good reason not to, wrote Nancy Abudu of the U.S. Court of Appeals for the Eleventh Circuit.
By Avalon Zoppo
5 minute read
June 25, 2024 | National Law Journal
9th Circuit Weighs Whether Hawaii's Second Amendment Butterfly Knives Case Is MootThe state argues its new law easing the weapons ban eliminates the constitutional challenge.
By Avalon Zoppo
5 minute read
June 21, 2024 | National Law Journal
'Mixed Bag': 5th Circuit Sides With Christian-Owned Businesses in ACA Care Case, Lifts Nationwide Block"Though this case concerns federal law and necessarily implicates concerns of nationwide uniformity, it does not fall into one of the narrow categories that we have previously identified as particularly appropriate for universal injunctive relief," the appeals court held.
By Avalon Zoppo
4 minute read
June 20, 2024 | National Law Journal
With Big Law Backing, TikTok Tells DC Circuit Law Forcing Ban or Sale Violates Free Speech"No one would doubt the burden on protected speech if Congress ordered the Sulzberger family to sell The New York Times," TikTok's attorneys wrote. "The same is true of the government dictating the sale of TikTok, one of the country's largest media platforms."
By Avalon Zoppo
4 minute read
June 20, 2024 | National Law Journal
GOP Senators Attack 6th Circuit Pick Over Tie to Workers Group, Political Donation"I served for a couple of years on an advisory board for an organization that was at that time getting off the ground," Karla Campbell said, adding that one of the group's goals was to tell low-wage workers about their legal rights.
By Avalon Zoppo
5 minute read
June 18, 2024 | National Law Journal
9th Circuit Judge Seems Skeptical Alleged White Supremacist Leader Was 'Selectively Prosecuted'If the selective prosecution argument is accepted, it would become "almost impossible" for the government to bring prosecutions in politically charged times, suggested Judge Milan Smith.
By Avalon Zoppo
4 minute read
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