News & Analysis as of

Appeals Judges

Husch Blackwell LLP

$10M California Jury Verdict Reversed and Remanded Over Evidentiary Issues

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A California Superior Court recently saw its decision reversed on appeal to the California Court of Appeal over several improper evidentiary rulings in Sabrena Odom v. Los Angeles Community College District, et al., (2025)...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Special Committee Recommends Continued Suspension for Judge Newman

Inexorable, inevitable, and regrettable are three words that come to mind with publication from the Report from Special Committee of the Federal Circuit (composed of Chief Judge Moore and Judges Prost and Taranto)...more

Whiteford

Client Alert: Assignments of Error: Is That Your Final Answer?

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On July 22, 2025, the Virginia Court of Appeals issued a published order in Sisco v. Holtzman, Rec. No. 024025, clarifying the rules for assignments of error in appellate proceedings. Assignments matter. The Court of Appeals...more

Fox Rothschild LLP

Are North Carolina Court of Appeals Judges Dissenting Less?

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Until recently, a single judge sitting on a panel of the North Carolina Court of Appeals could tee up an issue for the Supreme Court of North Carolina simply by filing a dissenting opinion. N.C. Gen. Stat. § 7A-30(2) allowed...more

Patterson Belknap Webb & Tyler LLP

Claims May Bend But Are Not Broken: Judge Locke Rejects Indefiniteness Arguments in Fiber Optic Cables Case

In a patent-infringement case involving fiber-optic-cable assemblies, Magistrate Judge Steven I. Locke (E.D.N.Y.) recently rejected defendants’ arguments that two terms in the patent claims were indefinite under 35 U.S.C. §...more

Fox Rothschild LLP

Help Wanted: Chief Justice’s Commission on Professionalism Seeks Appellate Attorneys as Moot Court Mentors

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This year, the North Carolina Mock Trial Program, in conjunction with the Chief Justice’s Commission on Professionalism (CJCP) and the May 20th Society, will offer the chance to learn about our State’s rich history and our...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

What Will the Art of Jury Selection Look Like During Trump’s Second Presidency?

For those of us who select juries in state and federal courts throughout the United States, we wonder out loud how this process will evolve after President Trump’s trials and appeals are all concluded or terminated.  Many of...more

Farella Braun + Martel LLP

Judges Wipe Out Business Interruption Policyholders’ First (And Only) COVID Win

Out of the 1,199 (and counting) trial court rulings addressing Covid business interruption lawsuits, only one of them resulted in a victory for the policyholder. Back in 2022, Baylor College of Medicine won $12 million from...more

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 & Schulte

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 & Schulte

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 & Schulte

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

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

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