Friday, July 18, 2008

Why Potential Jurors Should not Curse Judges

How Appealing has recently posted an article entitled, “Woman Gives Judge Earful, Lands in Jail.”  This article discusses how a 23-year old woman called the presiding judge a two-syllable curse word in front of 178 potential jurors because she was denied her request for dismissal citing health reasons. She is upset because as she put it, “I didn’t know I would go to jail for freedom of speech.” --Counseller/md

July 18, 2008 | Permalink | Comments (0) | TrackBack (0)

Important Cases Denied Cert by the Supreme Court

SCOTUSblog recently added a post, The Grants That Got Away, which discusses how the Justices heard oral argument in 70 cases. This amount is fewer than any term in more than half a century. This post goes on to discuss the most interesting and important petitions that the Justices declined to grant during this light term. –Counseller/md

July 18, 2008 | Permalink | Comments (0) | TrackBack (5)

Thursday, July 17, 2008

Exxon Uninterested in Interest

In further Exxon v. Baker news, as pointed out on SCOTUS Blog, the oil giant has asked the Supreme Court to forbid the class of fishermen and others harmed by the Exxon Valdez spill from collecting around $488 million in interest which has accrued on the now $507.5 million punitive damage award. Exxon claims that because the majority opinion failed to explicitly address whether the plaintiff’s were entitled to interest, the plaintiffs can't collect any. Click here to read Exxon’s filling and click here to read the article on SCOTUS blog. –Counseller/jm

July 17, 2008 | Permalink | Comments (0) | TrackBack (0)

Wednesday, July 16, 2008

5th Circuit Vacates Order of Monetary Sanctions

In Marlin v. Moody Nat. Bank, 2008 WL 2568823 (5th Cir. 2008), the Fifth Circuit held that a district court abused its discretion in ordering the plaintiffs to pay $640,000 in monetary sanctions because Fed. R. Civ. P. 11 was not followed. The district court erred in ordering sanctions when neither a motion had been filed nor a show cause order issued, and by imposing costs as “simple equity” rather than determining if Rule 11(b) had been violated. –Counseller/nc

July 16, 2008 | Permalink | Comments (0) | TrackBack (0)

Chat with Hazard Gillespie on WSJ law blog.

The folks over at the Wall Street Journal Law Blog recently interviewed Hazard Gillespie. Hazard, now 98, has worked at Davis Polk & Wardwell since cutting his teeth on Erie v. Tompkins as their first summer intern in 1934. Click here to read the full interview. –Counseller/jm

July 16, 2008 | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 15, 2008

“The Era of Punitive Damages is Not Over”

Ted Frank writes this opinion piece in The Wall Street Journal discussing the recent Exxon decision reducing punitive damages and the effect of the Court’s 1:1 ratio. –Counseller/nc

July 15, 2008 | Permalink | Comments (0) | TrackBack (3)

6th Cir.: Tax Court Not “Court”

As noted on Tax Prof Blog and Federal Civil Practice Bulletin, The Sixth Circuit affirmed in Mobley v. Commissioner, No. 07-2019 (6 th Cir. July 08, 2008), that a Tax Court is not a “court” for purpose of 28 U.S.C. § 610 and thus lacked the authority to transfer a case to a federal district court to cure want of jurisdiction under 28 U.S.C. § 1631.

Click here to read the opinion. –Counseller/jm

July 15, 2008 | Permalink | Comments (0) | TrackBack (0)