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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 Recent Entries: 612
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Crackhouse Law
Posted on February 05, 2008A lot of people that read this blog took courses in law school that dealt with the nature of law, and pondered the big questions of life, like, ?What is law.? This is because we went to highly-ranked law schools...
What the whales can teach us about appellate procedure
Posted on February 05, 2008The popular press (mis-)reports on an appellate drama brewing in California. Essentially, this lawsuit regarding the Navy?s use of sonar argues that it violates the National Environmental Policy Act by harming cute whales. There has been a few remands (in...
It turns out that at some firms, clothes DO make the man
Posted on February 05, 2008The Usual Suspects point to this story in the ABA Journal. Apparently Renee Brissette, a partner at [some law firm named] Manatt, Phelps & Phillips not only assigns work to the best dressed associates, but has no qualms about telling...
CA1: More on Hatch (Survivor)
Posted on February 04, 2008Over here, we covered the fact that the First Circuit affirmed the tax evasion convictions of that guy on survivor. Whatever. I hated the show. I hated the fact that people talked about it. It hurt America. People that talked...
Selya love fest in progress
Posted on February 04, 2008Oh look, the Wall Street Journal and NLJ* are talking about how one of Selya?s former clerks says that Judge Selya is the cat?s meow. Apparently, in some circles, using big words to show how smart you are makes you...
Recycle your PACER documents
Posted on February 04, 2008As you know, the court system charges for most non-opinion documents. Resource.org aims to save everyone money. It goes like this: Take your old PACER documents Upload them to the system They will sort them and make them available to...
CA1: El Salvador petition flushed with ?sympathy?
Posted on February 03, 2008Flores-Coreas v. Mukasey, No. 07-1638 (2/1/08) (unpublished). In the US, the government loves to say how it hates gangs from El Salvador. But if someone from El Salvador sneaks into the US, and seeks asylum because of what the gangs...
CA1: NACARA relief denied
Posted on February 02, 2008Valdez De Mansilla v. Mukasey, No. 07-1550 (2/1/08) (unpublished). The petitioner says that she was entitled to a ?merits hearing? under the Nicaraguan Adjustment and Central American Relief Act of 1997 (?NACARA?). She acknowledged she left the United States for...
CA1: denial of motion to arbitration confirmed
Posted on February 02, 2008Combined Energies v. CCI, Inc., No. 07-1766 (2/1/08) affirms the denial of a motion to stay proceedings and compel arbitration in a dispute between ex-partner businesses. Their partnership agreement apparently had an arbitration clause. According to the plaintiff business, after...
programming note
Posted on February 01, 2008A few more to go. Three more to digest. The first one involves arbitration. 07-1766, Combined Energies v. CCI (USDC ME 07-00017 Woodcock, USDJ) 07-1638, Flores-Correas v. Mukasey (BIA A78924226 ) 07-1550, Mansilla v. Mukasey (BIA A72437045 )
CA1: juries should not determine the legality of contracts
Posted on February 01, 2008Bohne v. Computer Associates, No. 06-1745. The plaintiff was a ?sales executive? (I think that means ?saleman.?) He was fired. One claim reached trial: that despite his at-will employment contract included an "implied covenant of good faith and fair dealing"...
CA1: Breaking news. First Affirms ?Survivor? conviction
Posted on February 01, 2008US v. Hatch, No. 06-1902. Okay, this is the appeal of that guy that won ?Survivor? and didn?t pay taxes on his winnings. He was convicted of three counts of filing false tax returns, in violation of 26 U.S.C. §§...
CA1: First bends rather far on autopsy records and Crawford
Posted on February 01, 2008US v. De La Cruz, Nos. 06-1659, 07-2515. This is a drug case. It has lots of neat facts about how drugs are distributed, and a description of an overdose of a poor person that was apparently the result of...
The perfect gift for your favorite lawyer that will give legal cover for anything in your family
Posted on January 31, 2008Thumbscrew & Rack: Torture Implements in the 15th and 16th Centuries by George Macdonald. It is a ?...well illustrated examination of the instruments of torture used by organized Christianity to honor the God of Love and to convince unbelievers of...
Ninth to rehear public school public strip search case en banc
Posted on January 31, 2008DotD reports on how the Ninth said that a school didn?t violate a student? Fourth Amendment rights when they stripped-searched her in public for aspirin. It turns out that she got one of them fancy lawyers, who convinced the Ninth...
CA1: all the kinds of extortion
Posted on January 31, 2008Chikkeur v. Mukasey, Nos. 05-2893, 07-1798 denies a petition for review of Algerians. However, it comes down to whether ?economic? extortion really had a political motive or not.
CA1: Public Health Service is treated like other uniformed services for purposes of FTCA and Bivens
Posted on January 31, 2008Diaz-Romero v. Ashcroft, No. 07-1607. The plaintiff is a commissioned officer of the Public Health Service, an agency of the Department of Health and Human Services, which is a "uniformed service" of the United States. 42 U.S.C. § 201(p). (And...
CA1: anti-gay parents that don?t like gay people lose establishment clause challenge
Posted on January 31, 2008Parker v. Town of Lexington, No. 07-1528. I was going to call this breaking news, but it isn?t. A bunch of parents are angry that ?[T]hey must be given prior notice by the school and the opportunity to exempt their...
CA1: let?s get something straight: land use controversies usually lack constitutional dimensions
Posted on January 31, 2008Clark v. Boscher, No. 06-2473. This is a suit under 42 USC 1983 against a mayor and city counsel that didn?t grant the plaintiffs permits to develop their land. It was kicked under FRCP 12(b)(6). The First says that regular...
Free legal search engine outperforms Westlaw?
Posted on January 31, 2008Robert Ambrogi's LawSites points to the Preycent legal search engine, which aims to out-perform commercial search engines in searching for legal resources in the public domain. For the life of me, I don?t understand why blogs link to Westlaw versions...
CA1: another Puerto Rican political discrimination case
Posted on January 30, 2008Maymi v. PR Ports Authority, No. 07-1157. This is a political discrimination claim by an attorney in Puerto Rico. The salaries are given, and you might note that they are less than lawyer in large firms make. The First amendment...
CA1: partial exhaustion of discrimination claims makes for bootstrapping fun
Posted on January 30, 2008Franceschi v. US Dept of Veterans Affairs, No. 06-2677. This is a case under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. essentially alleging age discrimination and retaliation. The problem is he got...
More Second Circuit Clerk's Office hijinx
Posted on January 30, 2008Norm Pattis tells a story of the Second Circuit?s Clerk?s Office losing his briefs. A couple of times. It reads, in part: My client has two appeals against the same party arising out of one set of facts. We filed...
CA1: reassignment to another judge only required in the face of misconduct
Posted on January 29, 2008Yosd v. Gonzales, No. 07-1569 . The petitioner is a Cambodian. It is actually a fairly interesting decision. The BIA remanded ? but to the same IJ. The BIA found that there was a "significant probability" that "the interpretation of...
CA1: another "disclosure of medical records" in the context of a criminal case story
Posted on January 29, 2008US v. Shinderman, 07-1569. Continuing the Selya show, he affirms a conviction of a psychiatrist. He quotes the bible, too. He uses the word ?gallimaufry.? But, as is fairly common with shrinks that can prescribe drugs, he went a little...
Odds and ends: Flashing signs and W&L on its alums being reversed for failing to recuse themselves
Posted on January 26, 2008As we covered here, the First, in Nasar Jewelers, Inc. v. City of Concord, 2008 WL 162521 (C.A. 1 N.H. 1/18/2008), said that the city could ban flashing electronic signs. Law of the Land Comments and posts some briefs. Just...
programming note
Posted on January 25, 2008There is one opinion from the First today, which I will get to after I finish doing real important legal things that most of you could not possibly understand. It is an admiralty case. 07-1396.01A Doyle v. Huntress, In
Ninth makes absolute immunity issue as clear as day
Posted on January 24, 2008DotD points to a brief opinion by an en banc Ninth Circuit reversing itself on the issue of whether Social Workers (that work for the departments charged with taking kids away from parents) are entitled to absolute immunity for statements...
CA1: petition denied on credibility grounds
Posted on January 24, 2008Hem v. Gonzales, No. 07-1775 denies a petition for review in an asylum/CAT claim by a Cambodian couple, mostly on credibility grounds (which the First says it assesses by looking at the record). There is some discussion of what to...
CA1: First resolves asylum mailbox problem
Posted on January 24, 2008Jorgji v. Gonzales, 07-1571. The petitioners area Albanian Christians. But, the big issue appears to be whether their application for asylum was timely under the one-year rule in 8 U.S.C. § 1158(a)(2)(B) and the regulation which tolls the deadline for...
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Standards of Practice in Civil Protection Order Cases
The American Bar Association has recently published its new Standa...
WHAT'S THE POOP WITH THE APPELLATE TERM?
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My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
I am being accused of hitting a 7 yr old child with my car, but I honestly don't think I hit the child. The Child was never knocked down, ran around my car to go back to ball practice, and was walking around with the par
You are in a serious situation. Get a lawyer immediately. Make no statements to ...
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My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
I am being accused of hitting a 7 yr old child with my car, but I honestly don't think I hit the child. The Child was never knocked down, ran around my car to go back to ball practice, and was walking around with the par
You are in a serious situation. Get a lawyer immediately. Make no statements to ...
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