Avalon Zoppo is an appellate courts reporter for The National Law Journal. Contact her at [email protected]. On Twitter: @AvalonZoppo.
September 17, 2024 | National Law Journal
Judge Stresses Need for Judiciary's Attention to Cybersecurity During Election Season"Make sure that everyone is being attentive to the smallest things... like making sure your passwords are updated [and] being careful what you click on," said Judge Michael Scudder, of the U.S. Court of Appeals for the Seventh Circuit.
By Avalon Zoppo
2 minute read
September 17, 2024 | National Law Journal
GOP Senators Urge Judiciary to Scrap Proposal for Greater Amicus Funding DisclosureThe Supreme Court "has long protected those who associate for speech purposes from compelled disclosure of those associations, subjecting any such disclosures to 'exacting scrutiny,'" the Republican lawmakers wrote.
By Avalon Zoppo
3 minute read
September 16, 2024 | National Law Journal
Senate Confirms Federal Prosecutor Kevin Ritz to 6th CircuitRitz, who was confirmed in a 48-46 vote, served as an assistant U.S. attorney before Biden appointed him U.S. attorney for the Western District of Tennessee in 2022.
By Avalon Zoppo
2 minute read
September 16, 2024 | National Law Journal
Challenge to TikTok Ban-or-Sale Law Faces First Amendment Scrutiny at DC CircuitChief Judge Sri Srinivasan pressed TikTok on whether a company based outside of the United States can bring a First Amendment challenge to a federal regulation.
By Avalon Zoppo
4 minute read
September 13, 2024 | National Law Journal
Judge Sounds Alarm Over Persistent Circuit Split on 'Favorable Termination' RuleThe rule, established in the Supreme Court's 1994 decision 'Heck v. Humphrey,' bars people from bringing civil rights suits without first showing their conviction has been reversed, set aside or expunged. Circuits are divided over whether that rule applies to plaintiffs no longer in prison.
By Avalon Zoppo
5 minute read
September 12, 2024 | National Law Journal
Law Clerks Can't Seek Post-Clerkship Jobs With Political Orgs, Ethics Guidance Says"A law clerk who applies for a job with a political organization risks linking the judge's chambers to political activity, which could compromise the independence of the judiciary," the advisory opinion states.
By Avalon Zoppo
2 minute read
September 12, 2024 | National Law Journal
Citing Missed Deadline, 2nd Circuit Tosses Appeal Against Equitable Insurance"The local rules do not supersede the requirements of the federal rules" of appellate procedure, the appeals court held. "Moreover, the district court's individual rules explicitly warned that this Court would not accept such an argument to excuse an untimely notice of appeal."
By Avalon Zoppo
3 minute read
September 10, 2024 | National Law Journal
Courts Need Experts' Help in Analyzing Online Arbitration Clause Designs, Judge Says"Rather than debating among ourselves our impressions about font size and color, the placement of hyperlinks, and the choice between click-wrap and browse-wrap agreements, we should start treating these issues about user-interface design as questions of fact," wrote Judge David Hamilton of the U.S. Court of Appeals for the Seventh Circuit.
By Avalon Zoppo
4 minute read
September 09, 2024 | National Law Journal
Retired Judge Wood Discusses Path to the Bench, Memorable Cases, Overturned Precedents"You want to follow what the Supreme Court is saying, because that's your role," said Diane Wood, who served on the U.S. Court of Appeals for the Seventh Circuit. "But what exactly they're telling you to do, what inferences you're supposed to draw, can be very difficult to see."
By Avalon Zoppo
9 minute read
September 06, 2024 | National Law Journal
6th Circuit Urges Supreme Court to Review Coordinated Campaign Expenditure Limits"The dearth of historical examples supporting the [Federal Election Commission's] position calls for the Supreme Court to reexamine its First Amendment jurisprudence that applies here," Judge John Bush wrote in a concurrence.
By Avalon Zoppo
5 minute read
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