Avalon Zoppo is an appellate courts reporter for The National Law Journal. Contact her at [email protected]. On Twitter: @AvalonZoppo.
December 27, 2024 | National Law Journal
3rd Circuit Strikes Down NLRB’s Monetary Remedies for Fired Starbucks WorkersStarbucks targeted the board’s 2022 decision in Thryv v. NLRB, which permitted monetary remedies beyond backpay. In Thryv, the board said it can order "make-whole relief” beyond backpay, including compensation for credit-card fees, mortgage charges, child care bills and medical expenses.
By Avalon Zoppo
3 minute read
December 27, 2024 | National Law Journal
Biden Vetoes Bill to Create More Federal Judgeships“The President’s veto of the JUDGES Act is extremely disappointing," U.S. District Judge Robert J. Conrad Jr., director of the Administrative Office of the United States Courts, said in a statement.
By Avalon Zoppo
2 minute read
December 20, 2024 | National Law Journal
Paul Weiss’ Shanmugam Joins 11th Circuit Fight Over False Claims Act’s ConstitutionalityIn 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
Retired Judges Say Newman’s Challenge to Disability Law Should ProceedThe 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
Judges’ ‘Unretirements’ After Trump's Win Spark Dubious Ethics Complaints“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
10th Circuit Raises 6th Amendment Bar for Prosecutors' Attorney-Client ViolationsThe 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
4th Circuit Judge Wynn Walks Back Senior Status PlansWalking 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
NC Solicitor General Park Withdraws His 4th Circuit NominationRyan 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
Divided 5th Circuit Shoots Down Nasdaq Diversity RulesThe 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
House Passes Bill to Add Federal Judgeships in Face of Biden Veto ThreatThe 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
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