Avalon Zoppo

December 20, 2024 | National Law Journal

In a decision last September, U.S. District Judge Kathryn Mizelle ruled that the FCA’s qui tam provision—which allows citizens, referred to as “relators,” to file suits on the United States' behalf against those who have allegedly defrauded the government—violates Article II of the U.S. Constitution.

By Avalon Zoppo

2 minute read

December 20, 2024 | National Law Journal

The retired judges said the Judicial Council’s indefinite suspension violates the U.S. Constitution because only Congress can remove a judge for a disability.

By Avalon Zoppo

4 minute read

December 18, 2024 | National Law Journal

“There’s nothing unethical about it at all," said law professor Michael J. Gerhardt. "A judge is allowed in the system that we have to change their mind."

By Avalon Zoppo

6 minute read

December 17, 2024 | National Law Journal

The Tenth Circuit overruled its 1995 decision in Shillinger v. Haworth that a defendant is prejudiced and a Sixth Amendment violation occurs whenever the government deliberately and for no legitimate law enforcement purpose becomes privy to confidential attorney-client communications.

By Avalon Zoppo

4 minute read

December 16, 2024 | National Law Journal

Walking back senior status plans is not unheard of and has been done by both Republican and Democratic appointees.

By Avalon Zoppo

2 minute read

December 12, 2024 | National Law Journal

Ryan Park's chances for confirmation were reportedly tanked in a deal Democrats struck with Republicans over President Joe Biden’s remaining judicial picks.

By Avalon Zoppo

2 minute read

December 12, 2024 | National Law Journal

The 9-8 majority said the rules were not in line with the purpose of the federal 1934 Securities Exchange Act, which they said is to protect investors from fraudulent and speculative practices and promote competition in the securities market.

By Avalon Zoppo

3 minute read

December 12, 2024 | National Law Journal

The measure had broad support when the Senate passed it in August, but Democrats have largely withdrawn their support after Trump’s election win in November.

By Avalon Zoppo

3 minute read

December 11, 2024 | National Law Journal

“One of the things that is really getting lost in this is who's really being affected outside of the judges themselves," said U.S. District Judge Troy Nunley of the Eastern District of California. "It’s really the litigant. It's an issue with people having access to the courts and being able to have their cases heard in a timely fashion.”

By Avalon Zoppo

6 minute read

December 10, 2024 | New York Law Journal

“At this stage in the proceedings, Appellants have alleged plausibly that they intend to engage in speech proscribed, at least arguably, by a recently enacted, focused regulation," Chief Judge Debra Ann Livingston wrote for the panel.

By Avalon Zoppo

3 minute read