Avalon Zoppo is an appellate courts reporter for The National Law Journal. Contact her at [email protected]. On Twitter: @AvalonZoppo.
October 30, 2024 | Law.com
A Conversation with NLJ Lifetime Achievement Award Winner Jeh Johnson"Being privy to the [Bin Laden] operation and being at the Pentagon in the basement, watching and listening to it unfold that day, was one of my proudest achievements, particularly because I'm a New Yorker, and I was present in Manhattan on September 11, 2001," Jeh Johnson said.
By Avalon Zoppo
10 minute read
October 28, 2024 | National Law Journal
'Opaque and Unfair': 9th Circuit Rejects Live Nation's Rules for Mass ArbitrationsThe federal appellate panel said Live Nation's arbitration agreement requiring claims to go through provider New Era ADR Inc. is "unconscionable" under California law.
By Avalon Zoppo
5 minute read
October 25, 2024 | Law.com
6th Circuit Judge Thapar on Making Originalism Work in Trial Courts"Everyone here knows doing originalism is no easy task, and leaving district judges to do it alone would be impossible," Amul Thapar said.
By Avalon Zoppo
6 minute read
October 24, 2024 | National Law Journal
8th Circuit Appeal Could Weaken Key Defense in Disability Bias Cases, Employment Lawyers SayHardee's is urging the court to reject a test that permits Americans with Disabilities Act claims to go to a jury if the firing of a disabled employee for having violated workplace policy is "inextricably linked" to the worker's disability.
By Avalon Zoppo
6 minute read
October 22, 2024 | National Law Journal
Split DC Circuit Upholds Trespassing Charge Used in Hundreds of Jan. 6 CasesThe law prohibits a person from knowingly entering restricted areas that are posted, cordoned off or "otherwise restricted," the latter of which is defined as places where people protected by the Secret Service will be visiting.
By Avalon Zoppo
3 minute read
October 21, 2024 | National Law Journal
Attorney Urges DC Circuit to Revive Race Bias Lawsuit Against Morrison & FoersterThe U.S. Court of Appeals for the D.C. Circuit pressed contract attorney Junius J. Joyner III to highlight how he was treated differently from similarly situated white counterparts at the firm.
By Avalon Zoppo
4 minute read
October 17, 2024 | National Law Journal
'Clear Abuse of Discretion': 9th Circuit Says Judge Should Have Recused From Death Row Inmate's Lawsuit"There is no reason for Judge Brailsford to subject herself to the very human pressures that arise out of sitting in judgment in cases involving people we know and value as friends," the U.S. Court of Appeals for the Ninth Circuit held.
By Avalon Zoppo
4 minute read
October 15, 2024 | National Law Journal
When in Doubt: What's a Dubitante Opinion, and Why Do Judges Write Them?The name comes from the Latin word meaning "doubtful" and is typically used to express reservations with a majority decision's rationale without declaring it wrong.
By Avalon Zoppo
6 minute read
October 11, 2024 | Law.com
Which 1-Judge Division Districts Have Adopted Anti-Forum Shopping Guidance?"Judge shopping sounds very sinister... but lawyers often look for venues and places they think will be favorable," said Judge A. Marvin Quattlebaum of the U.S. Court of Appeals for the Fourth Circuit.
By Avalon Zoppo
5 minute read
October 09, 2024 | National Law Journal
Judges Support Proposed Rule Requiring Court's Approval to File Amicus BriefsJudge Sidney Thomas of the U.S. Court of Appeals for the Ninth Circuit said allowing an amicus brief to be filed based only on consent of the parties leads to recusal problems if the brief presents an ethical conflict for a judge.
By Avalon Zoppo
3 minute read
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