The case before the Supreme Court crystallized the problem with elected judges: A West Virginia appellate judge received $3 million in campaign contributions from the head of a company appealing an adverse $50 million punitive damages award. Ignoring calls for his recusal, the judge ended up casting the deciding vote to toss the punies. In a 5-to-4 ruling, the high court decided the potential for bias in such a case, involving "substantial" campaign contributions, violated due process. But in his dissent, the chief justice warned of a flood of meritless recusal motions.

Cite as: In Re: Enron Creditors Recovery Corp. v. Alfa, 09-5122-bk(L), NYLJ 1202499017169, at *1 (2d Cir., Decided June 28, 2011)Before: Walker, Cabranes, C.JJ.

The biggest environmental crimes case in history ended in dramatic fashion Friday, when a federal jury in Montana acquitted W.R. Grace and three former executives of conspiring to cover up the release of deadly asbestos in a small mining town. The Lit Daily talks to Bernick about his closing argument, Montana, and prosecutorial misconduct.