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Brad Kutner

Brad Kutner

Brad Kutner is part of the National Law Journal's D.C. Litigation team. Contact him at [email protected]. On Twitter: @BradKutner.

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December 09, 2022 | National Law Journal

Senate Democrats' Measure Would Plug 'Loophole' Limiting Emotional Damages in Civil Rights Cases

The proposal seeks to "clarify" the range of damages available to plaintiffs in federal civil suits that claim emotional harm under federal civil rights laws.

By Brad Kutner

4 minute read

December 08, 2022 | Law.com

How Sinema's Party Switch and Warnock's Win Will Impact Biden's Future Judicial Noms (Or Not)

With Warnock's win, the Biden administration appeared to enjoy greater leeway to fill the courts.

By Brad Kutner

10 minute read

December 07, 2022 | National Law Journal

Ex-Coal Baron and Political Candidate Struggles to Show 'Malice' Evidence in Defamation Appeals

"The word 'felon' is the least of it. If they wanted him to look bad they'd talk about the mine explosion that killed 29 people," said Williams & Connolly attorney Kevin Baine in his defense against former Massey Energy CEO Don Blankenship's civil claims.  

By Brad Kutner

7 minute read

December 06, 2022 | National Law Journal

Judge Ends Effort to Hold Saudi Prince Liable for Journalist's Death 

"Despite the Court's uneasiness, then, with both the circumstances of bin Salman's appointment and the credible allegations of his involvement in Khashoggi's murder, the United States has informed the Court that he is immune," wrote D.C. District Judge John Bates.

By Brad Kutner

3 minute read

December 06, 2022 | National Law Journal

Appeals Court Sets Sights on Maryland Ban on Assault Rifles

"If it wasn't explicit it was pretty close," said Circuit Judge Paul Niemeyer of the high court's opinion in Bruen which he said supports rolling back MD's ban on military style weapons. 

By Brad Kutner

5 minute read

December 06, 2022 | National Law Journal

Fourth Circuit Appears Ready to Toss North Carolina Law Criminalizing 'Defamation' of Political Foes

"A more cynical view is this statute is designed to protect certain people from having certain things said about them during a campaign," said Circuit Judge Toby Heytens.

By Brad Kutner

6 minute read

December 01, 2022 | National Law Journal

11th Circuit Ends Special Master Review of Records Seized at Mar-a-Lago

"In most search warrants, the government seizes property that unambiguously belongs to the subject of a search. That cannot be enough to support equitable jurisdiction," the judges wrote.

By Avalon Zoppo | Brad Kutner

3 minute read

November 30, 2022 | National Law Journal

US Senate Judiciary Panel Grills Handful of Biden District Court Nominees

Senators ducked in and out of Wednesday's panel as five nominees for district court seats—all presently public servants—were introduced and peppered with questions about their judicial acumen. 

By Brad Kutner

5 minute read

November 29, 2022 | National Law Journal

'A Huge Relief': Judge Who Displayed Weapon Following Recusal Hearing Has Resigned

The West Virginia Judicial Investigation Commission could not confirm or deny an investigation into the former judge's conduct, but said a resignation would not stop an ongoing investigation from being completed.  

By Brad Kutner

3 minute read

November 29, 2022 | National Law Journal

Foley Hoag Lawyers Aid in Adding to Constitutional Claims of Migrants Airlifted to Martha's Vineyard

The amended complaint beefs up claims, thanks to documents retrieved from FOIA requests since the original suit was filed in September.

By Brad Kutner

4 minute read