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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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November 23, 2022 | National Law Journal

Boies Schiller Notches 11th Circuit Win Over Cuban Inheritance Law

"Why would Congress deny a… claim to heirs of those more likely to be more numerous and older but allow a claim to heirs of those who suffered later (i.e., post-enactment) confiscations?" asked Circuit Judge Adalberto Jordan.

By Brad Kutner

4 minute read

November 22, 2022 | Law.com

Bench Report: Judges Spar Over Elizabeth Warren Citation in Bankruptcy Case + Trump's Lawyers Stumble at 11th Circuit

Happy Wednesday from Avalon and Brad, and welcome to another round-up of the week's news about the judiciary. We are a few days early because of Thanksgiving.…

By Brad Kutner | Avalon Zoppo

8 minute read

November 22, 2022 | National Law Journal

Panel Appears Unmoved by Trump's Request for Special Treatment Over Mar-a-Lago Docs

"I don't think it's the fault of the government if someone has intermingled classified documents in all kinds of other personal property," said Chief Judge William Pryor.

By Brad Kutner

5 minute read

November 22, 2022 | National Law Journal

DC Circuit Fires Shot Across EPA's Bow for Ignoring Court Order

"To add bite to our writ, we will retain jurisdiction and monitor EPA's progress," wrote U.S. Circuit Judge Patricia Millett of the D.C. Circuit Court of Appeals.

By Brad Kutner

3 minute read

November 22, 2022 | National Law Journal

Months After 5th Circuit 'Dismantled' SEC Administrative Courts, Agency Still Thrives

Whatever fear the winning plaintiffs in the Fifth Circuit ruling might have hoped to instill in the agency may have been as overblown as its presumed impact on enforcement. 

By Brad Kutner

6 minute read

November 18, 2022 | National Law Journal

The 'Big Case' Lawyer: Ex-Public Corruption Prosecutor Brings Apolitical Approach to Trump Investigations, Colleagues Say

"For him, cases are not political," said one former colleague.

By Brad Kutner | Avalon Zoppo

7 minute read

November 18, 2022 | National Law Journal

Ex-Public Corruption Prosecutor Picked as Special Counsel for Trump Investigations

"Throughout his career, Jack Smith has built his reputation as an impartial and determined prosecutor," Garland said of the life-long prosecutor.

By Brad Kutner

3 minute read

November 17, 2022 | Law.com

Bench Report: Post-Pandemic Lessons From the Bench + Courthouse Accessibility

The judiciary was forced to undergo changes during the pandemic to keep its doors open, and now courts across the country are having serious discussions about what new rules should stick around. We take a look.

By Avalon Zoppo | Brad Kutner

8 minute read

November 17, 2022 | Daily Business Review

'Positively Dystopian': Federal Judge Blocks DeSantis' 'Stop WOKE' Act 

U.S. District Judge Mark Walker called the law "extravagant doublespeak" and an attack on both professors and student's First Amendment rights. 

By Brad Kutner

4 minute read

November 17, 2022 | National Law Journal

Ex-GOP Administration Lawyers Urge Rejection of Trump's Special Master Bid

"This special treatment of one private citizen by virtue of his former status [as president] runs contrary to well-established case law," the attorneys wrote. 

By Brad Kutner

3 minute read