An April 21 decision of the US. Supreme Court is must reading for attorneys who collect debts. Making a legal mistake can subject the attorney and the firm to liability under the Fair Debt Collection Practices Act. In Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (.pdf), the law firm filed a complaint in … Continue Reading
We continue our profiles of short-listed potential nominees with Leah Ward Sears, former Chief Justice of the Georgia Supreme Court. Justice Sears was born in 1955 in Heidelberg, Germany, where her father served as a colonel in the Army. Her family later settled in Savannah, Georgia, and she attended high school there. She received her … Continue Reading
Appellate Strategist’s continuing series of profiles of “short list” candidates to replace the retiring Justice John Paul Stevens continues with Judge Sidney Thomas of the 9th Circuit Court of Appeals. Judge Thomas is notable for his relatively conventional professional path, and his geographic and educational roots. Where many of the current Justices arrived at the … Continue Reading
Since the days of Robert Bork, it has happened, sooner or later, to every Supreme Court nominee: the uncomfortable moment when a Senator quotes one of the nominee’s writings back to him or her, smiles across the Committee table, and says: “Explain that.” If Solicitor General Elena Kagan is nominated to replace Justice John Paul Stevens … Continue Reading
“What do I do with this case?” asked Justice Breyer in the final minutes of oral argument Monday morning in Christian Legal Society v. Martinez [pdf]. Justice Breyer’s question underscored the apparent confusion regarding what exactly was being challenged in the Christian Legal Society’s case against Hastings College of the Law. Despite the acknowledged importance of the … Continue Reading
In an 8-1 decision (.pdf), the United States Supreme Court struck down recently enacted 18 U.S.C. 48 which forbids the distribution of images depicting cruelty to animals. In United States v. Stevens, the defendant had been convicted of distributing videotapes of pit bulls attacking other animals. Chief Justice Roberts, writing for the majority, held that the … Continue Reading
As part of Appellate Strategist’s ongoing evaluation of the “short list” of potential nominees to replace retiring Justice Stevens, we turn now to one of the nominees who was also on the short list to replace Justice Souter – Judge Kim McLane Wardlaw of the 9th Circuit Court of Appeals. Judge Wardlaw is a California … Continue Reading
Appellate Strategist has posted several times in the last week about names being discussed as possible nominees to replace retiring Justice John Paul Stevens. But a list of names, however important, says little about the nominees. We therefore begin our series of short profiles of those whose names top the list. We begin with Carlos Moreno, an Associate Justice … Continue Reading
Justice John Paul Stevens has been tagged by many as a “liberal.” Appellate Strategist does not propose to debate that general proposition here. Rather, it’s time to begin assessing what effect his absence might have on the growing body of Supreme Court jurisprudence that has been cutting back, a little at a time, on the blockbuster punitive … Continue Reading
As Appellate Strategist reported a week ago, when Justice John Paul Stevens announced his retirement, most Supreme Court observers believed that the "short list" contained three names: Solicitor General Elena Kagan, Judge Diane Wood and Judge Merrick Garland. But even as the White House is suggesting that a nominee will be named in early May, it … Continue Reading
According to the San Francisco Chronicle, two new candidates have emerged as possible Supreme Court nominees to replace retiring Justice John Paul Stevens. Justice Carlos Moreno of the California Supreme Court began his career as a deputy city attorney in Los Angeles. Justice Moreno received his first two judicial nominations from Republican Governors George Deukmejian and Pete … Continue Reading
President Obama made a statement this afternoon, suggesting that he would nominate a replacement for retiring Justice John Paul Stevens within "weeks." In describing his ideal nominee, the President suggested that he would be looking for someone who agreed with Stevens’ spirited dissent in Citizens United v. FEC: I will seek someone in the coming weeks … Continue Reading
The New York Times and CNN are reporting that Justice John Paul Stevens will retire when the Court reaches the end of its term in June. The Appellate Strategist will post further information on the story as President Obama’s search for a successor shifts into high gear. UPDATE: The Supreme Court has posted a copy of Justice … Continue Reading
Within the past several weeks, Supreme Court Justice John Paul Stevens has dropped several hints that he might be about to announce his retirement. Even though nothing’s definite yet, the news media and the legal blogs are busy speculating about possible replacements. Here’s the roundup – both the “short list” and some of the long shots: … Continue Reading
A corporation’s citizenship for purposes of Federal diversity jurisdiction is governed by 28 U.S.C. 1332(c)(1): a corporation is a citizen of the state of its incorporation, and the state where its principal place of business is found. This morning, in a decision certain to have a major impact on the day-to-day functioning of the Federal … Continue Reading
