New Study Shows Twombly/Iqbal Block Access to Justice

A new study shows that the heightened pleading standard established by the Supreme Court in Bell Atlantic v. Twombly (2007) and Ashcroft v. Iqbal (2009) is preventing ordinary Americans from having their day in court.For fifty years, plaintiffs were required only to plead a “short plain statement” of facts, under Conley v. Gibson (1957), in order to reach the discovery stage of litigation. The ability to conduct discovery is a crucial component of access to justice, because defendants often possess the evidence that plaintiffs need to prove their cases. In Twombly and Iqbal, the Roberts Court...

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Senate Confirms Droney to the Second Circuit

The Senate has confirmed Judge Christopher Droney to the United States Second Circuit Court of Appeals by a bipartisan vote of 88-0.President Obama nominated Droney to the seat on May 4, 2011; on July 21 he was reported out of the Senate Judiciary Committee by a unanimous voice vote. From the date of his nomination, he has been waiting 209 days to be confirmed to fill his seat, which has been labeled a judicial emergency by the Administrative Office of the U.S. Courts.The Senate’s action leaves 22 other judicial nominees waiting on the floor for their confirmation votes, 20 of whom were reported...

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Corporate Court to Hear Argument in Insider Trading Case

Tomorrow the Supreme Court will hear argument in the case of Credit Suisse Securities v. Simmonds. The case arises out of a series of Initial Public Offerings (IPOs) during the tech bubble of the late 1990s. The plaintiff, Vanessa Simmonds, was an investor who owned tech stocks underwritten by Credit Suisse and other investment banks. Simmonds alleges that underwriters for these IPOs manipulated stock prices using short-swing transactions in violation of the insider trading laws.The main issue before the Supreme Court will be when the insider trading law's two-year time limit to bring suits begins...

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Corporate Court to Hear Argument in Robocall Case

On Monday, the Supreme Court will hear argument in the case of Mims v. Arrow Financial Services.  Arrow Financial Services (“Arrow”) is an originator, servicer, and collector of private student loans.  Marcus Mims claims that Arrow harassed him about student loan payments by repeatedly calling his cell phone with an automated dialing system and leaving prerecorded voicemails.  Mims sued in federal district court and argued that Arrow’s activity violated the Telephone Consumer Protection Act (TCPA), a statute passed by Congress to restrict the ability of companies to harass consumers...

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Call Them What They Are: Bills to Kill Laws Corporations Don’t Like

Two dangerous bills that would hobble the ability of federal agencies to protect the public interest are likely to hit the House floor by the end of this month.  If enacted, the bills would effectively allow future Congresses, the courts, and special interests to undermine laws intended to protect the well-being of workers, children, seniors, and the public as a whole. Generally, when Congress passes a law and the president signs it, an agency is given the job of determining the best ways to implement the law by creating comprehensive and effective rules and regulations.   The...

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A Wolf in Sheep's Pajamas: First American v. Edwards

Guest Post by Professor Amanda LeiterUnless you’ve recently bought property, you probably aren’t familiar with the Real Estate Settlement Procedures Act, or RESPA. And unless you’re familiar with RESPA, you probably haven’t paid attention to the pending U.S. Supreme Court case First American v. Edwards.But First American deserves your attention because it’s a wolf in misleadingly sleep-inducing sheep’s pajamas.The case, which the Court will hear on November 28, involves homebuyer Denise Edwards’ claim that First American paid kickbacks to a real estate settlement company in exchange for that...

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23 Pending Nominees, Waiting an Average of 184 Days

There are currently 23 nominees awaiting final votes in the Senate. They've had their hearings, the Judiciary Committee has deliberated, and they were approved by the committee -- most without any opposition at all.Those nominees have put their lives on hold while the Senate drags its feet. Caitlin Halligan has been waiting over 400 days for a vote. Some nominees, like Christopher Droney of Connecticut, have been nominated to seats that are considered "judicial emergencies" -- and Droney's nomination to the Second Circuit has been pending nearly 200 days.Ronnie Abrams(NY)Cathy Bencivegno(CA)MargoBrodie(NY)AndrewCarter(NY)MorganChristen(AK)DanaChristensen(MT)RudolphContreras(DC)ChristopherDroney(2nd...

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A Question of Integrity: San Francisco Premiere

var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-2327420-4']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })(); On Monday evening, Alliance for Justice teamed with California Common Cause and CREDO Action...

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Senate Confirms Two Women To District Court Seats

The Senate has confirmed two women to be United States District Court judges. Sharon Gleason was confirmed to the District Court of Alaska by a bipartisan vote of 87-8 and Yvonne Gonzales Rogers to the Northern District of California by a bipartisan vote of 89-6.Gleason is the first woman to serve as a federal district judge in Alaska.  Nominated to the seat on April 6, 2011, she has waited 224 days to be confirmed.  Rogers has waited 196 days from nomination to confirmation. The Senate’s action leaves 45 judicial nominees pending in the Senate.  Twenty-three of these nominees...

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A Shockingly Clear Case for Reform

Last night in Washington, the conservative Federalist Society held a black-tie fundraising dinner with featured speakers Antonin Scalia and Clarence Thomas.The New York Times took note:If they were mere federal judges they could not have accepted the invitation, because Canon 4(C) of the Code of Conduct for United States Judges prohibits personal participation in fundraising activities. It states that judges should not “solicit funds for any organization, or use or permit the use of the prestige of judicial office for that purpose.”It’s an excellent rule and it would apply to the Federalist Society’s...

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An average of 184 days

** UPDATE: THIS ALERT IS NO LONGER ACTIVE **  With each passing day, America's judicial vacancy crisis grows worse.There are currently 23 nominees awaiting final votes in the Senate. They've had their hearings, the Judiciary Committee has deliberated, and they were approved by the committee -- most without any opposition at all.Those nominees have put their lives on hold while the Senate drags its feet. Caitlin Halligan has been waiting over 400 days for a vote. Some nominees, like Christopher Droney of Connecticut, have been nominated to seats that are considered "judicial emergencies"...

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GPS Surveillance and the Fourth Amendment: Thoughts on United States v. Jones

var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-2327420-4']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })(); Guest post by Daniel SoloveIn United States v. Jones, FBI agents installed a GPS tracking...

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Corporate Court hears argument in food safety and railroad safety cases

Tomorrow the Supreme Court will hear argument in two cases in which corporate defendants are attempting to avoid liability by arguing that state safety laws are preempted by federal law. At stake in Kurns v. Railroad Friction Products Corp. is the ability of individuals to hold railroad manufacturers responsible for violating state safety regulations that are more protective than federal safety standards. At stake in National Meat Association v. Harris is the ability of states to enact laws designed to protect the food supply when federal regulations do not provide that protection.In Kurns, the...

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Senate Confirms Wallach to the Federal Circuit

Today, the Senate confirmed Evan J. Wallach to the United States Federal Circuit Court of Appeals by a bipartisan vote of 99-0. President Obama nominated Wallach to the seat on July 28, 2011; on October 6 he was reported out of the Senate Judiciary Committee by a unanimous voice vote.Wallach's confirmation is an example of how timely the confirmation process can be when reflexive obstruction is set aside; the Senate took action on Judge Wallach’s nomination just 34 days after his name reached the floor.The Senate’s action leaves 24 other judicial nominees waiting on the floor for their confirmation...

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Supreme Court takes another look at New Orleans DA’s repeated Brady violations

Today the Supreme Court hears argument in the case of Smith v. Cain, yet another case in which the Orleans Parish District Attorneys’ Office committed egregious Brady violations by failing to disclose exculpatory and impeachment evidence to the defense.This case follows closely on the Court’s controversial, 5-4 decision in Connick v. Thompson, delivered in March of this year. In Thompson, a narrow majority of the Court exonerated Harry Connick, the former Orleans Parish District Attorney, of liability for failing to train prosecutors who worked in his office regarding their obligation to disclose...

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Supreme Court to Hear Argument in GPS Tracking Case

Tomorrow the Supreme Court will hear argument in the case of United States v. Jones. At stake is the right of individuals to be free from warrantless government tracking of their vehicle’s location through GPS technology.District of Columbia police suspected Antoine Jones, a nightclub owner, of being involved in cocaine distribution. The warrant obtained by prosecutors allowed police to place a GPS tracking device on Jones’s vehicle while it was in the District of Columbia and for ten days only. Instead, D.C. authorities placed the GPS device on Mr. Jones’s car while it was located in Maryland...

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What's standing in the way of reform?

var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-2327420-4']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })(); The Code of Conduct for U.S. Judges lays out ethical guidelines to protect the integrity...

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Supreme Court to hear case on federal preemption of state food safety laws

On November 9, the Supreme Court will hear argument in National Meat Association v. Harris. At stake is whether a state may enact laws designed to protect the food supply when federal regulations do not address the specific issue.In January 2008, the Humane Society released an undercover video depicting sick and disabled cows (“downer” or “non-ambulatory” animals) being beaten, kicked, shocked, and dragged by forklifts and chains on their way to slaughter. In addition to raising concerns about animal welfare, the video inspired grave concerns about the safety of the food supply. Downer animals...

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Judiciary Committee Reports Five Judicial Nominees to the Floor

This morning the Senate Judiciary Committee reported five judicial nominees to the Senate floor. Four nominees were reported on a unanimous voice vote: Stephanie Dawn Thacker, Michael Walker Fitzgerald, Ronnie Abrams, and Rudolph Contreras, nominees to the Fourth Circuit, the Central District of California, the Southern District of New York, and the District of Columbia, respectively. Miranda Du, nominee to the District of Nevada, was reported out on a 10-8 party-line vote.Fitzgerald and Du have been appointed to vacant seats that have been designated as judicial emergencies by the Administrative...

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Hearing for Three Nominees

var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-2327420-4']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })();The Senate Judiciary Committee today held a hearing on the nomination of Judge Jacqueline Nguyen to...

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A Question of Integrity Premieres in Washington

Last night in Washington, Alliance for Justice premiered our latest short documentary film, A Question of Integrity: Politics, Ethics, and the Supreme Court.A Question of Integrity examines growing concerns about ethically questionable and overtly political behavior by some Supreme Court justices, and explores the need the need to apply the same ethical standards that govern every other judge in the federal court system to the nation's highest court. Viewers are called to action in support of reforms essential to preserve the integrity of our most important legal institution.The film played to...

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Supreme Court Hears Case On Constitutional Rights in Outsourced Prisons

Today the Supreme Court will hear oral argument in Minneci v. Pollard, a case about whether employees of a private corporation operating a federal prison may be held liable under federal law for committing constitutional violations. Petitioners are asking the Court to reverse the Ninth Circuit’s holding that claims may be asserted against the employees of privately-run federal prisons.Richard Lee Pollard was incarcerated in a federal prison in Taft, California. The prison was operated under contract by a private company, Wackenhut Corrections Corp. (now part of the Geo Group). In April 2007,...

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Senate Confirms Higginson to the Fifth Circuit

var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-2327420-4']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })(); The Senate has confirmed Stephen A. Higginson to the United States Fifth Circuit Court of...

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