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Appellate Law

Appellate Law and Practice

Daily summaries of appellate cases from federal circuit courts of appeal. On the weekends, the blog provides appellate practice tips and book reviews.

Post Frequency: 1.8/day

Last Entry: December 10, 2008 at 16:15:09

Who will be first to liveblog an execution

Posted on August 04, 2008
We liveblog trials and oral arguments. Why not an execution? Iran and the US both work to kill people with as much pageantry as possible. Iran, while utilizing a fairly secretive judicial system feels it has nothing to hide and...

CA7: Posner discusses ?substantial step,? the ?psychology of intent? and intent to have sex with an internet minor

Posted on August 04, 2008
SL&P's special guest-bloggers point to US v. Gladish. For many people that practice criminal law, the scenario is sort of normal. Some guy gets on the internet and starts chatting with a cop. Only the cop claims to be a...

China v. USA regarding dogs

Posted on August 04, 2008
In China, they kill dogs for food. In the USA, they shoot the mayor?s dogs in the back as part of a ?raid? to investigate a package of marijuana. A sheriff's spokesman has expressed regret over the death of the...

Welcome Insurance Coverage Law in Massachusetts

Posted on August 03, 2008
A big welcome to blogosphere to the ambiguously-named ?Insurance Coverage Law in Massachusetts.?

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CA1: unions v. erectors

Posted on August 01, 2008
American Steel v. Local Union No. 7, No. 07-1832. Okay... labor law. Some steel ?erectors? complain that the big bad unions are conspiring to shut-non-union companies out of the erection market. The unions, it seem, subsidize the higher cost of...

Communism "explained"

Posted on August 01, 2008
In celebration of our continuing live coverage of China, its culture, and human rights abuses, AL&P proudly presenst this website, which explains communism. Or something. Not really sure what the hell it does. Thanks. SomethingAwful.com

CA1: A pretty normal habeas denial

Posted on August 01, 2008
Malone v. Dennehy, No. 07-1613. This is an affirmance of an IAC habeas denial. In particular, the petitioner contends that his lawyer should have subpoenaed a cop who might have discredited the victim. The state courts applied the state version...

When turning stuff over to the government isn?t a waiver

Posted on August 01, 2008
Legal Ethics Forum contains a post with this language: Given the harshness of the DOJ's policy about threatening criminal charges if companies don't waive privilege, a California Court of Appeal held that turning over documents to the feds may not...

CA1: EAJA fees available for slow naturalization petition

Posted on August 01, 2008
Aronov v. Chertoff, No. 07-1588. This is an Equal Access to Justice Act ("EAJA"), 28 U.S.C. � 2412 case. The government didn?t act on a naturalization petition. He went to court and the government and Aranov agreed that this should...

CA1: Selya destroys the writs of corum nobis and audita querela and saves the government from its negligence

Posted on August 01, 2008
Trenkler v. US, No. 07-1678, 07-1679. When I started reading this case, I thought it would be an interesting discussion of corum nobis. In many jurisdictions, this writ actually is understood. But then I realized that Selya wrote it, and...

In praise of the bar exam

Posted on August 01, 2008
This week, many people took the bar. Some will fail because they are not pure of heart. This week, we are blogging from China (and by China, I don't mean "Taiwan,") which is reknown for its displays of banners and...

University of North Dakota shows why it can't be taken seriously

Posted on July 31, 2008
Is it just a coincidence that an entire law review is filled with silly articles that express a distaste for gay marriage? Some lawyers think it was hijacked. Tnx. HA

CA1: does everyone get Brady wrong?

Posted on July 31, 2008
US v. Aviles-Colon, Nos. 05-1384, 05-2039, 05-2040. In this Puerto Rican drug distribution case, the First remands on a Brady v. Maryland, 373 U.S. 83 (1963) issue as to one defendant. A year after the trial in this case, a...

CA1: Uganda and late filing

Posted on July 30, 2008
Lutaaya v. Mukasey, No. 07-2328 (7/28/08). The petitioner is a Ugandan citizen that ran a delivery business that contracted with the government to supply the troops. Sort of like Haliburton. Only, when some of the trucks were stolen by the...

CA1: Haiti getting better

Posted on July 30, 2008
Michel v. Mukasey, No. 07-2166 (7/28/08) (unpublished) denies a petition for review of an asylum application. The First says that his past persecution really isn?t that relevant has Haiti is a really awesome place, but in a ?general state of...

CA1: no plea withdrawal

Posted on July 30, 2008
US v. Bates, No. 07-1370 (7/28/08) (unpublished). A defendant really wants to withdraw his plea. He had the opportunity to withdraw it at the District Court. He did not. The First vacillates as to whether this is a waiver or...

CA1: A FRCP 54(b) question

Posted on July 30, 2008
Niemic v. Galas, No. 07-1763 (7/28/08) (unpublished). In this prisoner-health-care litigation, the District Court directed the entry of judgment under R. 54(b). The problem is that the District Court didn't explain why there was no ?just? reason for the delay...

Back in the saddle

Posted on July 30, 2008
Due to travel commitments, I was unable to blog. If all goes right, we will be liveblogging human rights abuses from China. So, back to work.

Bush approves execution of Army private

Posted on July 28, 2008
For the first time in a long time, a president has approved the execution of a member of the armed forces.

CA1: unless discretion is exercised, the court can't review the discretion

Posted on July 28, 2008
Beetz v. Ambrosi, No. 07-2449 (unpublished). This is ugly. The court told the plaintiff to amend his complaint to comply with FRCP 8 and 9(b). After the initial attorney withdrew, he asked for ?at least? 30 days. An electronic order...

CA1: corporate work product coming to 1st

Posted on July 28, 2008
Even though I might be late on todays (mostly nonremarkable) opinions, I was holding off reporting on this, but what the hell. TaxProfBlog is reporting that: The 1st U.S. Circuit Court of Appeals has set a Sept. 5 date for...

In the fursuit of justice

Posted on July 26, 2008
Dear AL&P, All you talk about is law. Why don't you get out there and do something else? Good idea. It turns out there are a lot more things out there besides law. Here are two of them: Feminists complaining...

Which rules of professional conduct are violated the most?

Posted on July 26, 2008
Sure, some judges are biased, and only pretend to give the appearance of being unbiased. Other judges come right out and say that they are biased in favor of the government. Some judges are boozehounds or just plain nutty. Sure,...

CA1: no emotional damage for age discrimination

Posted on July 25, 2008
Collazo v. Nicholson, No. 06-2678 (7/24/08). This is an age discrimination complaint seeking damages for mental and emotional distress against the VA. While it was booted on summary judgment, the First says affirms on an alternate ground, saying that the...

CA1: cooperating gullible convicts get what they deserve

Posted on July 25, 2008
US v. Mulero-Algarin, No. 07-1701 (7/24/08). After the defendant plead guilty and was sentenced he arranged to provide the government some information. A couple of feds traveled to interview the defendant, but for some reason the interview never happened...

CA1: forfeiture in employee stock plan okay

Posted on July 25, 2008
Weems v. Citigroup. No. 06-2565 (7/24/08). This is a pretty large MDL case, in which the plaintiffs claim that it is wrong for their employer to give them the option of receiving part of their salary as stock (at a...

Another one of Judge Bybee?s Torture Memos released

Posted on July 24, 2008
A lot of people ask me how you become an appellate judge. The answer is to write a torture memo. Or three. If you really torture, you write even more. I note that the blue-booking is impeccable, and therefore his...

CA1: Armenian petition denied

Posted on July 24, 2008
Kechichian v. Mukasey, No. 07-1584 (7/23/08) denies an asylum petition from an Armenian whose father ran afoul of the government. The IJ found no nexus between the petitioner?s woes and her father?s woes. The IJ and BIA rejected that, and...

CA1: due process issues in Bankruptcy reorganizations

Posted on July 24, 2008
Arch Wireless, Inc. v. Nationwide Paging, No. 07-1611 (7/23/08). Arch went into Chapter 11. It received a discharge. Nationwide is a debtor seeking to enforce some clams against it. Nationwide claims it wasn?t given adequate notice. Arch says that Nationwide...

CA1: gender discrimination case lacks smoking gun

Posted on July 24, 2008
Garcia v. Bristol Myers Squibb, No. 07-2723 (7/23/08) affirms a grant of summary judgment (first rejected by a magistrate judge) to the defendant in a gender discrimination case. The First says that the facts don?t support a disparate treatment claim,...

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