Avalon Zoppo is an appellate courts reporter for The National Law Journal. Contact her at [email protected]. On Twitter: @AvalonZoppo.
April 04, 2023 | National Law Journal
Judges Wary of 3M Unit's Bid to Halt Military Earplug LawsuitsSeventh Circuit Judge David Hamilton questioned if ruling for 3M subsidiary Aearo Technologies would give companies facing multidistrict litigation in the future a way to use the bankruptcy process to get shielded from claims.
By Avalon Zoppo
4 minute read
April 04, 2023 | Supreme Court Brief
Supreme Court Brief: Practitioners Pleased by Preliminary Prints | Evidence Disclosure DissentIn a development welcomed by scholars and appellate lawyers, the high court is now pushing out preliminary print versions of opinions at a clip not seen in years.
By Brad Kutner | Avalon Zoppo
8 minute read
April 03, 2023 | National Law Journal
How a K&L Gates Team Notched an Appellate Win Without Relevant Case LawThe complaint alleges that during Charles Mack's breaks at the prison commissary, the guards would make noises, kick boxes and talk loudly when Mack, a Muslim, tried to perform his prayers.
By Avalon Zoppo
6 minute read
April 02, 2023 | National Law Journal
Court-Hopping: Should More Appellate Judges Visit District Courts?Federal appellate judges Timothy Tymkovich and Jennifer Elrod talk about the reasons they volunteer to visit district courts.
By Avalon Zoppo
9 minute read
March 31, 2023 | Law.com
Bench Report: Will Amicus Brief Consent Requirement Get Axed? Plus, a Decrease in Federal FilingsA judiciary committee is looking at dropping the requirement that amici seek permission before filing briefs in federal appeals courts, following the U.S. Supreme Court's move in that direction last year.
By Avalon Zoppo
7 minute read
March 30, 2023 | National Law Journal
SCOTUS Nixed Consent Requirement for Amicus Briefs. Will Appeals Courts Follow?The idea was brought up at the Advisory Committee on Appellate Rules' latest meeting this week, and appears to be welcomed by appellate practitioners.
By Avalon Zoppo
4 minute read
March 28, 2023 | National Law Journal
'It Is a Problem.' Judiciary Panel Chews Over Recusal Disclosure SuggestionIn a letter to the committee last year, Judge Ralph Erickson said judges invested in Berkshire Hathaway could be unaware that a company in a case before them is a subsidiary of the conglomerate and that their recusal might be necessary.
By Avalon Zoppo
5 minute read
March 24, 2023 | National Law Journal
'Ample Direction:' 5th Circ. Says FCC Fund Doesn't Violate Nondelegation Doctrine"Rather than leave the FCC with 'no guidance whatsoever,' Congress provided ample direction for the FCC in [the statute]," Judge Carl Stewart wrote.
By Avalon Zoppo
5 minute read
March 23, 2023 | National Law Journal
'A Clouded Record': 9th Circuit Judges Question Where Pressure to Derecognize Christian Student Club Came FromThe Ninth Circuit weighed whether several teachers' negative comments about a student Christian club should be considered in deciding if the school district selectively enforced its nondiscrimination policy and was motivated by anti-religious animus.
By Avalon Zoppo
5 minute read
March 22, 2023 | National Law Journal
Biden Judicial Pick Flubs GOP Senator's Quiz – This Time About 'Brady' MotionsSen. John Kennedy asked U.S. District Court nominee S. Kato Crews what a "Brady" motion is and how to analyze one.
By Avalon Zoppo
4 minute read
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