Bankruptcy Judge Zurzolo Brown Bag Discussion
12:00 noon – July 25th
Room 1268 – Roybal Building Read more…
All posts in Courts
Scotusblog Stat Pack Available
If you like data and charts, you will love this. You can access the 2015 stat pack here. All 50 pages thank you. Some pretty fun stuff. The 9th Circuit was affirmed 2 times in 11 cases (plus one 4-4 ruling). Clarence Thomas wrote the most opinions by far – 39. The next highest was Alito with 19. Thomas wrote 18 dissenting opinions, the next highest was Sotomayor with 8. Roberts wrote only six majority opinions, Thomas seven. The high for majority opinions? Kennedy with nine. There were 76 total cases resolved although 13 of those were “summary reversals.” So 63 cases, of which 4 were “decided” 4-4 meaning the lower court ruling stands. Read more…
I Love the Writing Style of 9th Circuit Judge John Owens
Pretty fun reading (and thankfully the right result).
Sheer v. State Bar of California (In re Sheer), — F. 3d, —- (9th Cir. April, 2016)
Issue: Was a state bar judgment requiring the debtor to repay fees to a client a non-dischargeable debt under 523(a)(7)?
Holding: No. The debt “is not a fine or penalty, but compensation for actual loss.” Read more…
A Pitch for Tentative Rulings
I argued recently at the 9th Circuit Court of Appeals in Pasadena. 15 minutes – thank you for coming. It was two fairly esoteric issues to anyone except bankruptcy courts and lawyers. Using collateral estoppel of state court rulings to establish willful and malicious injury. I was five minutes into my discussion with the panel before I realized that they were not experts in either and I really should have focused on that rather than jumping into the nuances of each. Has I realized the confusion, I could have made sure I was more ready to respond more clearly. And suddenly the 15 minutes is up. Opposing counsel had the same problem. He would try to answer the question asked and was politely rebuked saying he misunderstood the question.
I’m going to suggest to anyone who will listen at the 9th Circuit Judicial Conference in July that the 9th Circuit should post something similar to a tentative or at least a list of issues or questions – in advance – so that counsel arguing can have an idea of where to go with the argument and what to prepare for. I won’t hold my breath but maybe the law clerks could post the questions or issues.
Most Central District judges as you know prepare tentatives. Those are so helpful. Even when the tentative is “counsel should be prepared to discuss such and such.”
Muhammad Ali – Clay v. United States
I love history but not 1,000 page history books. The last few years I have been buying audio books and listening to them in my car. I bought the Carl Sandburg one volume history of Abraham Lincoln. It is about 20 cds and I am still only half way through although I have been listening for probably a year now.
Anyway, today on SCOTUS blog, there is a great – and short – history of Muhammad Ali’s refusal to join the army and how it got to the Supreme Court. I lived through it but did not know more than a small percent of the details – especially the details that were not in the movie Ali with Will Smith. The link is here. The link includes a link to the Supreme Court’s opinion and an audio link to the Court’s oral argument. Apparently the conundrum was factual; was Ali refusing to fight this war or refusing to fight all wars? The article includes a discussion about Ali’s fights to get his boxing license back in New York. Highly recommended.
Nice Bio on Judge Meredith Jury by the Insolvency Law Committee
May 27, 2016
Dear constituency list members of the Insolvency Law Committee: The following article is the fourth in a series of profiles of Ninth Circuit bankruptcy judges. Judge Meredith Jury and members of the Insolvency Law Committee met in her chambers and discussed her personal and professional background, observations from the bench, and issues of interest. Read more…
Judge Scott Clarkson Appointed Mediator by Delaware Court
Congratulations to Judge Scott Clarkson who has been appointed mediator by the Bankruptcy Court in Delaware. I’m told it’s a $100 million dollar issue in the Exide Technologies case.
Judicial Evaluations
Now is the time folks. This is an email from the Federal Judicial Center. As far as I know, the judges that are being reviewed have volunteered for the review. That includes Judge Scott Clarkson, Judge Ernest Robles, Judge Mark Wallace.
Dear Attorney,
Judge Scott C. Clarkson of the United States Bankruptcy Court for the Central District of California asked the Federal Judicial Center (FJC) to survey members of the Bar to assess his performance. The judge’s decision to ask the FJC to conduct this survey is entirely voluntary and is part of his ongoing commitment to provide the highest level of public service possible. The FJC, which is the research and education organization for the federal courts, is located in Washington, D.C. The FJC has been conducting similar surveys for judges for several years. An announcement of this survey is on the Court’s website.
Judge Clarkson would appreciate your taking a few minutes by Friday,May 20 to complete an online questionnaire, available at:
https://fjc.co1.qualtrics.com/SE/?SID=SV_8HqQCxkScu9z1vD Read more…
Why Not Go With Eight Members on the Supreme Court?
I had the huge privilege of attending the Central District Judicial Conference annual meeting in Ojai last weekend. I took a bunch of notes and have some interesting stuff to write about. I will put it all into a couple of blog posts over the next few days.
The first program was called “Panel Discussion: Top Supreme Court Cases to Watch” featuring Deanell Tacha, Duane and Kelly Roberts Dean and Professor of Law at Pepperdine Law School, and Professors Robert J. Pushaw and Barry P. McDonald – all three obvious constitutional pros with the ability to talk constitutional law talk in plain English. The cases they discussed will be a separate blog. Read more…
Nice Profile of Judge Martin Barash From the ILC
From the State Bar Insolvency Law Committee: The article can be accessed here.
Dear constituency list members of the Insolvency Law Committee:
The following is the second in a series of profiles of Ninth Circuit bankruptcy judges. Judge Martin R. Barash and members of the Insolvency Law Committee met in his chambers and discussed his personal and professional background, transition to the bench, and other issues of interest.
Personal and Professional Background Read more…
M. Jonathan Hayes Books
Publisher
Senior Contributor
Contributors
