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Appeals Judges

Kilpatrick

Texas Business Courts Prepare to Begin Accepting New Cases

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This is an update to our firm’s previous article covering the creation of Texas’ new business court system and Fifteenth Court of Appeals. These new courts were created in 2023 by the 88th Texas Legislature and will begin...more

Butler Snow LLP

Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast

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Judges represent not only their judicial office, but also the legitimacy of the judicial branch as a whole. For many Americans, their only interaction with the legal system may come from a single trip to the courthouse. This...more

Shutts & Bowen LLP

Everything You Need to Know About Florida’s New Sixth District Court of Appeal: Changing District Boundaries, Judicial...

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On June 2, 2022, Governor Ron DeSantis signed CS/HB 7027 creating Chapter 2022-163, Laws of Florida, paving the way for a Sixth District Court of Appeal. Governor DeSantis also approved a budget that includes funding for...more

Sands Anderson PC

Can Appellate Courts Take Judicial Notice of Facts Not Otherwise in the Record? Sometimes.

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Sometimes oral argument in a case highlights oddities of the work we do. That happened today in the Virginia Supreme Court in LaRock v. City of Norfolk. Can an appellate court in a particular case go outside the appellate...more

Butler Snow LLP

An Unexpected Path to the Appellate Bench | Justice Rebeca Huddle | Texas Appellate Law Podcast

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People take many paths into the practice of law. These varied experiences provide important perspectives that enrich and improve the legal industry. This week, Todd Smith and Jody Sanders talk with Texas Supreme Court Justice...more

Pierce Atwood LLP

The Appellate Judges Education Institute

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Any good appellate lawyer, and any good appellate judge, is always learning.  One great avenue for professional growth is the Council of Appellate Lawyers, which is the ABA’s unique appellate bench-bar organization....more

Butler Snow LLP

Original Proceedings and Emergency Relief in the Courts of Appeals | Kirk Cooper | Texas Appellate Law Podcast

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The inner workings of courts of appeals are sometimes hard to understand from the outside. Staff attorneys play a critical role in screening cases, assisting the justices, and helping the court handle its workload. This week,...more

Morrison & Foerster LLP - Federal Circuitry

Rehearing revisited: Do some judges CFR more often than others?

In a recent post, we took a look at data on rehearing petitions—specifically, the timing of calls for responses (CFRs).  Today, we dig further into that data to see if we can identify judges whose panels CFR more often. As...more

Morrison & Foerster LLP - Federal Circuitry

How Often Do Federal Circuit Judges Sit?

Since we’re all about data at Federal Circuitry, we thought we’d take a quick look at what our data show about how often Federal Circuit judges sit each year.  To quantify that, we looked at how many different panel days each...more

Fox Rothschild LLP

Fourth Circuit Case Has Post-Argument Judge Substitution

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A Fourth Circuit published opinion from earlier this week revealed an interesting panel composition issue, as the panel that heard the oral argument in the appeal was slightly different from the panel that ultimately issued...more

McDermott Will & Emery

The Jury Returns...Returns

Happy New Year! 2021 begins as 2020 ended: mostly without jury trials. Some are determined to change that, however, which brings us to the latest in the saga of Judge Alan Albright’s US District Court for the Western District...more

McDermott Will & Emery

The Latest on Judge Albright’s January Trial

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Readers will recall our coverage of Judge Alan Albright’s re-transfer of an Austin patent case to Waco so that the court could hold a jury trial in January as scheduled. In that case, the defendant has sought mandamus from...more

Perkins Coie

Industry Insights: Key Takeaways from Northern District of California’s Class Action Symposium

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On December 10, 2020, the U.S. District Court for the Northern District of California held its Class Action Symposium. The symposium is as timely as ever. Food, beverage, and consumer product class actions are rocketing, with...more

NAM (National Arbitration and Mediation)

CCBJ Interview With Hon. David B. Saxe (Ret.) | With Court Cases Backlogged And Potential Delays Inevitable Post-COVID, ADR Stands...

The Honorable David B. Saxe (Ret.), neutral with NAM (National Arbitration and Mediation), discusses the ways that his experience as a judge and a lawyer inform his ability as a neutral; the advantages of alternative dispute...more

McDermott Will & Emery

In WDTex, the Fight Escalates: Federal Patent Trial Moved to Waco

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Last week we told you about Judge Alan Albright’s determination to keep trying patent cases. He had a trial scheduled for January in Austin, where he had transferred the case pursuant to 28 U.S.C. § 1404 while leaving himself...more

Morrison & Foerster LLP - Left Coast Appeals

Know Your Ninth Circuit Panel: Who Appoints Visiting Judges

Last week, we explored where the Ninth Circuit’s many visiting judges call home. This week, we investigate a slightly different subject: which president appointed those visiting judges? Some court watchers have suggested that...more

Morrison & Foerster LLP - Left Coast Appeals

Know Your Ninth Circuit Panel: Who Gets Invited?

Last week, we noted that the Ninth Circuit’s visiting judges together perform the work of roughly 6 additional Ninth Circuit judges. But who, exactly, secures an invite to help serve as these supplemental members of the Ninth...more

Morrison & Foerster LLP - Left Coast Appeals

Know Your Ninth Circuit Panel: Six Extra Judges

Ninth Circuit appeals are not always decided by Ninth Circuit judges. Because of the Court’s nation-leading workload, the Ninth Circuit regularly relies on visiting judges to fill out the panels that hear and resolve cases....more

Woods Rogers

To Lawyers, "R&R" Doesn't Only Refer to Rest and Relaxation

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The Norfolk and Newport News divisions are blessed with three experienced and able magistrate judges.  The judicial office of magistrate judge was created by statute in 1968—more accurately, the position was created in 1968,...more

Dechert LLP

Seventh Circuit “In Chambers” Opinion Provides Key Guidance on Amicus Briefs

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Key Takeaways - The United States Court of Appeals for the Seventh Circuit recently issued a decision providing new guidance on how to draft amicus briefs that the court will accept for filing. The court stressed the...more

Vinson & Elkins LLP

[Webinar] Scattershooting From The Bench: Thoughts On Appellate Advocacy - October 19th, 12:00 pm - 1:00 pm CT

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Crisp, cogent legal writing is the hallmark of an excellent lawyer. What do judges look for when they read briefs? What do they like and dislike? How can you make your writing more persuasive? Join us to learn answers to...more

Holland & Knight LLP

Revisiting Supreme Court Nominee Judge Amy Coney Barrett's Recent Trade Secret Opinion

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The authors of this blog post revisited Judge Amy Coney Barrett's opinions for the U.S. Court of Appeals for the Seventh Circuit in her three years on the bench in light of her recent nomination for the U.S. Supreme Court. In...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- Reconsidered: The Federal Circuit's Enfish Interpretation of Mayo-Alice

The esteemed authors of Patent Docs have written of the need to reconsider the Federal Circuit's approach to section 101 eligibility, given the court's latest expansion and en-banc vote on subject-matter eligibility in AAM v....more

McDonnell Boehnen Hulbert & Berghoff LLP

Is It Time for Federal Circuit to Rethink Its Subject Matter Eligibility Jurisprudence? 

The Federal Circuit's inchoate attempts to fashion a consistent, rational application of the Supreme Court's recent subject matter eligibility jurisprudence, while understandably Herculean in view of the difficulties inherent...more

Holland & Hart - Your Trial Message

Voir Dire on Content, Not Effect: Lessons from the Tsarnaev Appeal

We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more

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