Avalon Zoppo is an appellate courts reporter for The National Law Journal. Contact her at [email protected]. On Twitter: @AvalonZoppo.
September 10, 2024 | National Law Journal
Courts Need Experts' Help in Analyzing Online Arbitration Clause Designs, Judge Says"Rather than debating among ourselves our impressions about font size and color, the placement of hyperlinks, and the choice between click-wrap and browse-wrap agreements, we should start treating these issues about user-interface design as questions of fact," wrote Judge David Hamilton of the U.S. Court of Appeals for the Seventh Circuit.
By Avalon Zoppo
4 minute read
September 09, 2024 | National Law Journal
Retired Judge Wood Discusses Path to the Bench, Memorable Cases, Overturned Precedents"You want to follow what the Supreme Court is saying, because that's your role," said Diane Wood, who served on the U.S. Court of Appeals for the Seventh Circuit. "But what exactly they're telling you to do, what inferences you're supposed to draw, can be very difficult to see."
By Avalon Zoppo
9 minute read
September 06, 2024 | National Law Journal
6th Circuit Urges Supreme Court to Review Coordinated Campaign Expenditure Limits"The dearth of historical examples supporting the [Federal Election Commission's] position calls for the Supreme Court to reexamine its First Amendment jurisprudence that applies here," Judge John Bush wrote in a concurrence.
By Avalon Zoppo
5 minute read
September 06, 2024 | Law.com
Sexual Harassment Trial Shows Challenge with Remote Proceedings: Transcript ErrorsIs there a greater risk of transcript issues and--if so--how can lawyers avoid them in the virtual setting?
By Avalon Zoppo
5 minute read
September 05, 2024 | National Law Journal
Sexual Harassment Trial Shows Challenge With Remote Proceedings: Transcript ErrorsBrian Gaines, a University of Illinois political science professor, said vendors of software designed to do automatic transcription promise that the work can be better in the virtual setting. But in speaking with attorneys, Gaines said he did not hear from anyone who shared that view.
By Avalon Zoppo
6 minute read
September 04, 2024 | National Law Journal
Retired US Judge, Ethics Experts Ask 11th Circuit to Reassign Trump Classified Docs Case"A reasonable member of the public could conclude, as many have, that the dismissal was the culmination of Judge [Aileen] Cannon's many efforts to undermine and derail the prosecution of this case" against former President Donald Trump, the amicus brief stated.
By Avalon Zoppo
4 minute read
September 04, 2024 | National Law Journal
2nd Circuit Tosses Securities Suit Against Ericsson Over Statements on Alleged Iraq Corruption"Ericsson's Anti-Corruption Statements contained no such specificity that would transform any of those generalized statements from mere puffery to an actionable material misrepresentation," the appeals court wrote.
By Avalon Zoppo
3 minute read
September 03, 2024 | National Law Journal
Orrick Associate's 1st Oral Argument Ended in Precedent-Setting Win for Veterans"The greatest gift you can give yourself when you're up at that lectern is those hours that you've put in in advance," Jonas Wang advised fellow attorneys preparing for their first oral argument.
By Avalon Zoppo
7 minute read
August 29, 2024 | National Law Journal
Divided 4th Circuit Says Hearings Not Needed Before FCA Whistleblower Suit DismissalsThe majority said a requirement that there be an "opportunity for a hearing" in qui tam dismissal motions was satisfied. Judge A. Marvin Quattlebaum disagreed.
By Avalon Zoppo
4 minute read
August 29, 2024 | National Law Journal
9th Circuit: State Bar Anti-Trump, White Nationalism Statements Violated Lawyer's RightsOne of the statements in the bar's monthly bulletin said former President Donald Trump had catered to the white nationalist movement.
By Avalon Zoppo
4 minute read
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