Avalon Zoppo is an appellate courts reporter for The National Law Journal. Contact her at [email protected]. On Twitter: @AvalonZoppo.
July 30, 2024 | National Law Journal
GAO Calls for Improved Data Collection on Judiciary Workplace MisconductThe judiciary may be undercounting the number of incidents or not fully understanding the problem, the nonpartisan agency stated in a 72-page report.
By Avalon Zoppo
7 minute read
July 29, 2024 | National Law Journal
'Rare Case': 4th Circuit Extends 'Bivens' in Federal Inmate's Excessive Force Suit"The officers' alleged conduct amounts to a clear-cut constitutional violation that would easily withstand a motion to dismiss in a § 1983 case," Judge Roger Gregory wrote for the court.
By Avalon Zoppo
4 minute read
July 26, 2024 | National Law Journal
5th Circuit to Weigh Dueling Readings of Supreme Court's Recently Clarified Gun Test"Because the [Supreme] Court wasn't more expressive in providing guidance, we're going to continue to see turmoil and confusion in the lower courts," said SMU Dedman School of Law professor Eric Ruben.
By Avalon Zoppo
4 minute read
July 26, 2024 | Law.com
Panel Backs Extending Newman's Suspension as Judge Continues Fight Over Misconduct Law"I didn't think there would be this kind of battle to the death to get rid of me," said Judge Pauline Newman, of the U.S. Court of Appeals for the Federal Circuit.
By Avalon Zoppo
5 minute read
July 24, 2024 | National Law Journal
'A Change Agent': Lawyers Look Back at Kamala Harris' Legal Career in California"As attorney general, Kamala Harris was a change agent to law enforcement in the state; as president, she will do the same in my opinion," said Jeff Tsai, who was a California special assistant attorney general from 2013 to mid-2015.
By Avalon Zoppo
7 minute read
July 22, 2024 | National Law Journal
Appeals Court Ruling That College Athletes Can Be Employees Leaves 'Lots of Open Questions'The U.S. Court of Appeals for the Third Circuit said Division I student-athletes could fall under the Fair Labor Standards Act if they perform services for a university, under the university's control and in return for implied compensation or benefits.
By Avalon Zoppo
5 minute read
July 19, 2024 | National Law Journal
9th Circuit's Unusually Low Reversal Rate This Supreme Court Term Doesn't Tell Full Story"Within this 50% affirmance rate, which is itself surprising to most people, you have individual cases that depart from the pattern one has come to expect in Ninth Circuit cases in the Supreme Court," said professor Arthur Hellman. "[But] I think it may be simply happenstance."
By Avalon Zoppo
7 minute read
July 18, 2024 | National Law Journal
'Ground Shifted': 6th Circuit Judge Doubts Chevron-Based Ruling Still Applies in Family Planning CaseRaymond Kethledge seemed doubtful of the Biden administration's argument that a 1991 U.S. Supreme Court decision that relied on Chevron remains binding precedent.
By Avalon Zoppo
5 minute read
July 17, 2024 | National Law Journal
Supreme Court Should Rethink Its Jury Trial Cut Off for Petty Offenses, 10th Circuit Judges SayThe three-judge panel rejected David Lesh's argument that he was deprived of his Sixth Amendment right to a jury trial, citing Supreme Court decisions that the right is limited to "serious" infractions defined as those punishable by six or more months of imprisonment.
By Avalon Zoppo
3 minute read
July 16, 2024 | National Law Journal
What Does the Path Forward for Stalled 3rd Circuit Nominee Adeel Mangi Look Like?Some court watchers say Senate Democratic leaders could schedule a vote around possible Republican absences to achieve Adeel Mangi's confirmation.
By Avalon Zoppo
7 minute read
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