Avalon Zoppo

May 21, 2024 | National Law Journal

"[W]e cannot plausibly interpret statutory silence to subject manufacturers to whatever delivery conditions any covered entity might find most convenient," Judge Gregory Katsas wrote for the appeals court.

By Avalon Zoppo

4 minute read

May 20, 2024 | National Law Journal

Seth Aframe, an assistant U.S. attorney in New Hampshire, was confirmed by a 49-40 vote and is the fourth judge named to the court by President Joe Biden, a Democrat.

By Avalon Zoppo

2 minute read

May 20, 2024 | National Law Journal

Oral argument rates among the circuits may be affected by the types of cases they hear. For example, the D.C. Circuit, with the highest rate, often weighs complex administrative law issues best addressed through oral argument, said appellate attorney Mark Gidley.

By Avalon Zoppo

6 minute read

May 17, 2024 | Law.com

"They have every right to be judged by their accomplishments, not blacklisted based on what institution they may happen to attend," Judge J. Harvie Wilkinson III stated via email.

By Avalon Zoppo

5 minute read

May 15, 2024 | National Law Journal

"What you're suggesting is that someone, let's say was convicted of a murder and served a 40-year sentence, can come out of state prison and [can] relitigate without that conviction being set aside," Chief Judge Priscilla Richman said.

By Avalon Zoppo

4 minute read

May 15, 2024 | National Law Journal

"You have a prosecutor who is deliberately intruding into the attorney-client privilege, and in those circumstances the prosecutor is the last person you should trust when the prosecutor comes in and says, 'This is no big deal,'" attorney Kannon Shanmugam said.

By Avalon Zoppo

5 minute read

May 14, 2024 | National Law Journal

The appeals court said the settlement payments in the underlying case represented fair value for goods or services in a commercial relationship, thus justified under the Supreme Court's decision in "Federal Trade Commission v. Actavis."

By Avalon Zoppo

3 minute read

May 10, 2024 | National Law Journal

"I would say I'm ready to open this conversation and dialogue on a bipartisan basis, if we're talking about a prospective change after the election," said Sen. Richard Durbin, D-Illinois, and the Judiciary Committee's chair.

By Avalon Zoppo

5 minute read

May 09, 2024 | National Law Journal

"I think that the Fourth Circuit is kind of following the Supreme Court in broadening the ministerial exception," said attorney Amy Epstein Gluck. "I think we're going to see more leeway for religion."

By Avalon Zoppo

5 minute read

May 08, 2024 | National Law Journal

The whistleblower's lawyer argued that a person bringing an FCA suit has a constitutionally protected property right in the action, so the government cannot terminate a case without an evidentiary hearing first.

By Avalon Zoppo

4 minute read