Yesterday, I had the privilege of getting sworn in to the U.S. Supreme Court bar by the Court’s clerk, General William K. Suter (pictured). The Austin Bar Civil Appellate Section arranged the ceremony for local lawyers who wanted to be admitted and who completed the application process. It was a unique opportunity I couldn’t pass… Continue Reading
This morning’s release of the U.S. Supreme Court’s 5-4 decision in Caperton v. A.T. Massey Coal Co. (No. 08-22) could open the door to more recusal motions in Texas appellate courts (and possibly trial courts). In Caperton, the Court held that due process required a West Virginia Supreme Court of Appeals justice to recuse himself… Continue Reading
For some Friday afternoon fun, watch this video, courtesy of the Sophistic Miltonian Serbonian Blog: If you don’t know, Tom Goldstein was a small-firm lawyer before he joined Akin Gump. (Yes, this was my first attempt at imbedding video on this blog.)
Believe it or not, I’m a sucker for lawyer TV shows, in part because they’re so unrealistic they make me laugh. I’d pretty much given up on ABC’s Boston Legal this season; for various reasons, I thought the show had jumped the shark. But I couldn’t help noticing Tuesday’s episode entitled "The Court Supreme," in which James Spader’s… Continue Reading
The blogosphere has been a little slow catching on to yesterday’s SCOTUS decision in Hall Street Associates, L.L.C. v. Mattel, Inc. (06-989). Aside from my own post, here are the blog entries I have found discussing the case: Adjunct Law Prof Blog, which opines that parties to a collective bargaining agreement can still alter the standard of judicial review because… Continue Reading
In Hall Street Associates, L.L.C. v. Mattel, Inc. (06-989) (previously discussed here), the U.S. Supreme Court has held that a contract purporting to allow judicial review of an arbitration award for evidentiary and legal errors cannot be enforced under the Federal Arbitration Act. Although this decision shutters the notion that parties can contract for expanded… Continue Reading
The U.S. Supreme Court heard argument in a particularly interesting and (I think) important case today. In Hall Street Associates, L.L.C. v. Mattel, Inc. (06-989), the Court will decide whether contracting parties may agree to expand the grounds for vacating arbitration awards beyond those recognized under the Federal Arbitration Act. The Fifth Circuit and others… Continue Reading
Per How Appealing: The U.S. Supreme Court has issued a "Memorandum to Counsel" about the forthcoming revisions to that Court’s rules: You can access the five-page memorandum at this link. Among other things. the memorandum suggests that the Court will begin making electronically-filed briefs available for access over the Court’s own web site.
Reaction to last week’s U.S. Supreme Court decision in Philip Morris USA v. Williams (referenced here) has been interesting, to say the least. Early on, the feedback seemed universally negative. For an example, check out this editorial from The New York Times. More recently, at least two commentators have managed to find a silver lining in… Continue Reading
In Philip Morris USA v. Williams, the United States Supreme Court has reversed a $79.5 million punitive damage judgment on the ground that it unconstitionally punished Big Tobacco for harming nonparties to the suit. SCOTUSBlog has summarized the 5-4 ruling here.