News & Analysis as of

Recusal

Dorsey & Whitney LLP

To Recuse or Not to Recuse? That is the Question Potentially Facing Supreme Court Justices on Book Publisher Copyright Case

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What happens if two-thirds of the U.S. Supreme Court justices have a conflict of interest in a case presented before the Court? The speculative possibilities are abundant in such a situation—do all of the affected Justices...more

Ballard Spahr LLP

Committee on judicial codes of conduct concludes recusal of Fifth Circuit judge not required in lawsuit challenging final CFPB...

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The Committee on Codes of Conduct of the Judicial Conference of the United States (Committee) has unanimously concluded that Fifth Circuit Judge Willett is not required to recuse in the trade group plaintiffs’ appeal in their...more

Ballard Spahr LLP

Texas federal district court reopens lawsuit challenging CFPB final credit card late fee rule and notifies D.D.C. to disregard...

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Monday, the Texas federal district court entered an order reopening the case challenging the CFPB’s final credit card late fee rule (Rule) which it had transferred to the U.S. District Court for the District of Columbia and...more

Fox Rothschild LLP

Get that Judge “Outta Heah!” A Primer on Recusal

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Last week’s news concluded with a jury awarding $83 million in punitive damages in a New York defamation trial involving a certain former U.S. President. This week started with a Motion filed by President Trump’s lawyers...more

Wiley Rein LLP

U.S. Supreme Court Adopts Code of Conduct

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After months of controversy, the U.S. Supreme Court has adopted its first-ever Code of Conduct for Justices. Each of the nine Justices agreed to the code and signed on to an accompanying joint statement acknowledging that the...more

Wiley Rein LLP

Wiley Consumer Protection Download (October 2, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Fox Rothschild LLP

Recusal at Issue

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In State v. Richardson, 272A14, filed 1 September 2023, the Supreme Court of North Carolina reviewed the conviction and sentencing of the defendant. The evidence indicated the gruesome and protracted abuse of a child that...more

Pillsbury Winthrop Shaw Pittman LLP

Newsom Eliminates 40-Year-Old Exemption from California’s Pay-to-Play Law

After 40 years of being exempt, local elected officials become subject to “pay-to-play” and recusal requirements. Local elected officials, such as county supervisors and city council members, are now subject to the state’s...more

Fox Rothschild LLP

How Not to Act at Trial

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Every now and then, you read a case and just scratch your head. I have been doing this for 30 years and I get how emotional the divorce process can be. I get that some people just don’t want to get divorced, while at the same...more

Fitch, Even, Tabin & Flannery LLP

Stock Ownership Leads to Vacatur of $2.75B District Court Judgment

On June 23, in Centripetal Networks, Inc. v. Cisco Systems Inc., the Federal Circuit vacated judgment of the district court because stock held by the judge’s wife violated the recusal statute and was not harmless error. The...more

Haug Partners LLP

Federal Circuit Vacates $2.75 Billion Award Due to Violation of Judicial Recusal Statute

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In Centripetal Networks, Inc. v. Cisco Systems, Inc., the Federal Circuit vacated a $2.75 billion judgment against Cisco, finding that the district court judge failed to cure a conflict of interest by putting his wife’s Cisco...more

McDermott Will & Emery

Patent Infringement Verdict Nixed over Judge’s Stock Ownership

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The US Court of Appeals for the Federal Circuit reversed a district court’s opinions and orders and remanded the case for further proceedings before a different district court judge because the original judge had failed to...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (June 21-24): Maintaining Confidence In Judicial Rulings In Cases Reviewed By The Federal Circuit

The Supreme Court dominated the news last week, and the Federal Circuit issued just four opinions.  One of them was a doozy:  to reinforce confidence in the judicial process, the Court vacated a $2 billion judgment that...more

Knobbe Martens

Justice Must Satisfy the Appearance of Justice— A Judge’s Family’s Financial Interest of 100 Shares of a Party’s Stock Is a...

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CENTRIPETAL NETWORKS, INC. v. CISCO SYSTEMS, INC. Before Dyk, Taranto, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: Placing stock in a blind trust does...more

K&L Gates LLP

Arbitrator Bias and Conduct - Contrasting Fortunes of Recent Challenges Under Sections 24 and 68 of the Arbitration Act 1996

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Acting impartially as between the parties is a “cardinal duty” of an arbitrator, as enshrined in s33 of the Arbitration Act 1996 (the Act). Failure to observe this fundamental duty can lead to applications for the removal of...more

Wiley Rein LLP

Wireless Roundup (April 2022)

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Key Wireless Deadlines- FTC Seeks Comment on Petition for Rulemaking by NetChoice et al: The Federal Trade Commission (FTC) requests comment on a petition for rulemaking filed by NetChoice, Americans for Prosperity, Hispanic...more

Wiley Rein LLP

Wiley Consumer Protection Download (March 8, 2022)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Fox Rothschild LLP

New Recusal Order, New Remote Oral Argument, New Rules, New Clerk: Happy New Year!

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As we send 2021 out and ring in 2022, a few developments and reminders. Recusal Order. As reported previously, the Supreme Court of North Carolina has been grappling with how to handle involuntary recusal motions. The...more

Fox Rothschild LLP

North Carolina Supreme Court Issues Surprising Disqualification Order in Appeal of “Usurper” Lawsuit

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In case you missed it, the Supreme Court of North Carolina issued a surprising disqualification order last week, setting up what could be a contentious internal fight within the Supreme Court as to which justices will...more

Fox Rothschild LLP

Might the Rule of Necessity be Necessary After All?

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Two weeks ago I blogged on the unique situation facing the Fourth Circuit in the high-profile Dylann Roof case after all of the judges of the Court recused themselves from hearing his appeal. Since that post, there have been...more

Fox Rothschild LLP

“Rule Of Necessity” Not Necessary For Federal Circuit Courts

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An interesting recusal issue recently faced the Supreme Court of North Carolina, requiring the Court to invoke the “Rule of Necessity” in order to hear a high-profile case on North Carolina teachers’ retirement plans. As...more

Patterson Belknap Webb & Tyler LLP

Aggravated Identity Theft Conviction Affirmed Despite Ambiguous Statutory Language

In United States v. Wedd, the Second Circuit (Cabranes, Park, Nardini), affirmed the defendant’s 2018 convictions for aggravated identity theft (among other offenses), which arose from a scheme to auto-subscribe customers to...more

Perkins Coie

Impaired Objectivity and the Ability to Influence: Avoiding Pitfalls in Mitigating OCI

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A common source of organizational conflicts of interest (OCI) is when a firm’s ability to render impartial advice to the government is or might be undermined by the firm’s competing interests. These OCIs, termed “impaired...more

Jackson Lewis P.C.

Board Revisits Recusal Rules

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The National Labor Relations Board has issued its “Ethics Recusal Report,” which announces several process changes that may add new wrinkles to practice before the Board. Much of the Report, dated November 19, 2019, is...more

Allen Matkins

A Supreme Court Decision In Which Only One Justice Participated

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Yesterday, the Nevada Supreme Court issued its opinion in In re Discipline of James A. Colin, 135 Nev. Adv. 43 (2019). As the name of the case suggests, the opinion involved a question of attorney discipline. Although this...more

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