Judge tells court callers their concerns can be addressed by ‘cracking open Moore’s Federal Practice’

[Kennedy v. Braidwood Management, Inc. follows in the ignoble tradition of NFIB, King, and California.] For more than a decade, it seems that different rules apply to Obamacare cases. In NFIB v. Sebelius (2012), a penalty was rewritten into a tax, and a mandatory Medicaid expansion was rewritten into a voluntary program. In King v. Burwell (2014), "established by the State" was rewritten as "established by the federal government." In California v. Texas (2021), the Court found that the plaintiffs waived a standing argument that was clearly invoked. And so on. When health care is at issue, all the usual rules go out the window. The latest ACA case continues the trend. Kennedy v. Braidwood Management, Inc. is an Appointments Clause case. Yet, the Court resolves this dispute based on a theory not developed below. Justice Thomas's dissent explains what happened: This case concerns the U. S. Preventive Services Task Force, a body that issues legally binding…

Cody Chavous Shooting Austell. Justice for Family? Our firm has over 25 years of experience representing victims of security failures across Georgia, and we have secured nearly $250 million dollars for our Clients.  Read Our Legal Take below to find out what legal options are available to the family of Cody Chavous. Cody Chavous Killed in Austell, GA Apartment Complex Shooting. (Fox5Atlanta.com) Austell, GA – Gunfire rang out in the vicinity of an apartment complex Friday night, July 4, 2025, leaving one man dead. As reported by Fox5Atlanta.com, “[o]fficers responded to calls about a possible shooting” that occurred “near a Cobb County apartment complex.”  AJC.com reports that the “shooting [occurred] at an apartment complex near Austell.” AtlantaNewsFirst.com is reporting, “When officers arrived, the found 33-year-old Cody Chavous of Austell with multiple gunshot wounds. He was taken to Grady Memorial Hospital where he…

I'll forthrightly state that, at the outset, I was dubious about this Ninth Circuit holding. But, in the end, the opinion by Judge Lasnik -- sitting by designation from the Western District of Washington -- probably persuades me.There's a personal jurisdiction fight between the parties and the general counsel of the defendant submits an affidavit that contains misleading or inaccurate facts that says that the defendant has no contacts with the forum state. After some discovery, the plaintiffs figure this out and file a Rule 11 motion, which in turn results in the defendant withdrawing the affidavit. Since that withdrawal was within the 21-day safe harbor period, no sanctions under Rule 11 are permitted.But the plaintiffs then ask for sanctions under 28 U.S.C. § 1927, which permits sanctions against “[a]ny attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in…

While high-conflict family law trials are not the norm, they continue to overwhelm the justice system in numbers that seem to be escalating. JP v. KS 2025 BCCA 112 is such a case.  The litigation began in September 2018  when the police were called by the parties’ 6-year-old daughter, who together with her brother, witnessed their father violently assault their mother.  JP was arrested and removed from the home, while KS was admitted to hospital, an event that resulted in civil, criminal, and family law proceedings. The Ministry of Family and Child Services was also involved with the family.  The criminal trial for assault concluded in November 2020 with a guilty plea and an absolute discharge. After 4 adjournment applications were brought by JP, the civil trial commenced peremptory on JP in April 2021, where KS sought damages, resulting in a pecuniary damages award to her of $100,000 and non-pecuniary damages of $695,000. This was not…

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Brett TroutThe artificial intelligence boom isn’t just reshaping tech—it’s fueling a full-scale land grab for power and infrastructure. The latest move in this high-stakes game? CoreWeave’s $9 billion all-stock acquisition of Core Scientific, one of the country’s largest crypto-era power holders turned AI infrastructure play. This is not your average merger. It’s a warning shot—and a roadmap—for anyone building in AI. Why It Matters The power behind AI doesn’t come from software alone. It needs electricity. A lot of it. Training and running models like ChatGPT or Midjourney requires massive data centers and high-power GPUs—equipment that cannot run on scraps of energy or slow cooling systems. CoreWeave just bought a huge chunk of both: over 1.3 gigawatts of gross power capacity and more than 500 megawatts of data center infrastructure across the U.S.. These are not your…

While the recent trend across the country has been to restrict noncompete agreements, Florida has just made it easier for employers to enforce noncompete agreements against employees. The Florida Legislature passed HB 1219, also known as the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act (CHOICE or “the Act”), which took effect on July 1, 2025.[1] Importantly, CHOICE does not apply to health care practitioners and keeps Florida’s other noncompete statute (Fla. Stat. § 542.335) — which already was one of the more employer-friendly noncompete statues across the country — in place.[2]  As we’ve reported on extensively over the last few years, states across the country have continued to enact measures restricting employment noncompete agreements, including many states that have enacted outright bans. In some ways, Florida’s CHOICE Act appears to resemble the laws in many other states. The…

The president has done yet another thing that will have massive effects on legal education. No, this is not about how I must overhaul my Consumer Finance syllabus. Granted, the poor saps who teach Constitutional Law have it worse, but they knew what they signed up for. If you have not dug into the details of H.R. 1, An Act to Provide for Reconciliation Pursuant to Title II of H. Con. Res. 14, there are some biggies for those who care about how legal education is funded and administered. Known in some circles as the "Big, Beautiful Bill," this law massively overhauls federal student loan programs. Jeff Robledo at USA Today has a good summary of what the changes mean for borrowers generally. For law schools, there is a biggie. Section 81001 of the law eliminates Direct PLUS loans as an option for graduate and professional students. Originally designed for parents to borrow to help with the cost of undergraduate education, Direct PLUS loans expanded in 2006 to allow…

It’s not surprising that Jenner & Block is adding to its appellate practice. The firm is well known for its top notch appellate work, so naturally, its always on the lookout for lateral talent that will bolster their roster. And Jenner & Block’s litigation prowess has been in the news ever since Donald Trump went after the firm, targeting them with an Executive Order designed to extract a financial penalty for pissing off the president. Unlike *some* in Biglaw, Jenner & Block fought the EO and quickly notched victories against the unconstitutional orders. So, against this backdrop, Jenner’s announcement that they’ve added partner Peter Davis to their ranks is notable. As Co-Managing Partners Ishan Bhabha and Randy Mehrberg said, “Peter’s arrival reflects our continued investment in building the nation’s premier appellate practice that fiercely advocates for our clients.” And Ian Heath Gershengorn, Co-Chair of Jenner…

Most in-house legal teams talk about contracts in terms of risk. They focus on fallbacks, approval workflows, and redlines. Rarely do they talk about contracts in terms of data. And that’s where the real opportunity is hiding. In a recent episode of Notes to My (Legal) Self, legal tech leader Colin Levy offered a perspective that should make every in-house lawyer stop and think. “Contracts really are how businesses run,” he said. “They’re the lifeblood of a business — and they contain a lot of valuable data that often goes unnoticed or not tracked or not acted upon.” It’s the kind of comment that sounds obvious once you hear it. Of course, contracts are full of valuable information. But if we’re honest, most legal departments still treat them like static documents — PDFs to be negotiated, signed, and filed away. We don’t treat them like data sources. We should. Watch the full conversation here: …

Press release from the ACLU of Texas on a legal challenge to Texas SB 4: "A federal appeals court upheld an injunction late Thursday night against Senate Bill 4 (88-4), endorsing a district court order that prohibits the anti-immigration law...

River West Apartments Shooting Tulsa: Legal Claim for Victim? We have over 25 years of experience representing victims of security failures across the United States, and we have recovered nearly $250 million dollars for our Clients.  Read Our Legal Take below to find out what legal options are available to the victim of the River West Apartments shooting. One Man Injured in Shooting at River West Apartments in Tulsa, OK. (Fox23.com) Tulsa, OK NEWS – Gunfire rang out at an apartment complex early Wednesday morning, July 2, 2025, leaving one man injured. As reported by Fox23.com, “[officers] responded to a call at the River West Apartments at 975 West 22nd Place at 12:02 a.m.” Newson6.com is reporting, “Tulsa officers arrived to find a man in his 20s with a gunshot wound to the stomach. Emergency responders transported him to a nearby hospital, where he underwent surgery.” The investigation is ongoing. Potential Legal Claims for…

Potential Legal Claims? Roberto Pittman Shooting Cincinnati.  We have over 25 years of experience representing victims of security failures across the United States, and we have recovered nearly $250 million dollars for our Clients.  Read Our Legal Take below to find out what legal options are available to the family of Roberto Pittman. Roberto Pittman Dies After Shooting at Cincinnati, OH Gas Station. (Stock Photo: MurrayLegal.com) Cincinnati, OH – Gunfire rang out at a gas station early Tuesday morning, July 1, 2025, leaving one man dead. As reported by Fox19.com, “[h]omicide investigators responded to the area of McGregor Avenue and Reading Road, outside a [gas station], after two people were shot there around 12:15 a.m. Tuesday.” WCPO.com is reporting, “[w]hen they arrived on the scene, police found a male suffering from gunshot wounds in the street. They attempted life-saving measures, but the man died on the scene. Cincinnati…

From Judge Nina Wang (D. Colo.) today in Coomer v. Lindell: In preparation for trial in this matter, the Court issued a Trial Preparation Order that set certain deadlines, including for the filing of motions in limine. The Trial Preparation Order further informed the Parties that any pending motions in limine would be discussed at the Final Pretrial/Trial Preparation Conference…. Defendants … filed a Brief in Response to [a] Motion in Limine ("Opposition") [Doc. 283] … [that] contained … "nearly thirty defective citations" …. [At a hearing,] Mr. Kachouroff [lead counsel for Defendants] was unable to respond [about the defective citations] in a manner that was satisfactory to the Court. Specifically, Mr. Kachouroff indicated that he had delegated citation checking for the Opposition to his co-counsel, … Ms. DeMaster …. [T]he Court ordered Mr. Kachouroff and Ms. DeMaster to show cause why they should not be…

Security Failure? Flex Studio Culebra Hotel Shooting San Antonio. We have over 25 years of experience representing victims of security failures across the United States, and we have recovered nearly $250 million dollars for our Clients.  Read Our Legal Take below to find out what legal options are available to the family of the victim of shooting at the Flex Studio Culebra Hotel. Man Shot, Killed at Flex Studio Culebra Hotel in San Antonio, TX. (News4SanAntonio.com) San Antonio, TX News – One man was killed after a shooting at a hotel Tuesday morning, July 1, 2025. As reported by KENS5.com, “shots were fired in the area of NW Loop 410 and Culebra around 9:55 a.m.  Once at the Flex Studio Culebra, police say a man with multiple gunshot wounds to his torso was discovered by SAFD in the breezeway on the second floor.” News4SanAntonio.com is reporting, “[h]e was pronounced dead at the scene by fire officials.” The investigation is ongoing. …

Ed. note: Please welcome Renee Knake Jefferson back to the pages of Above the Law. Subscribe to her Substack, Legal Ethics Roundup, here. Welcome to what captivates, haunts, inspires, and surprises me every week in the world of legal ethics. Happy First Monday! Hello from Washington DC, where we celebrated the 4th of July and our wedding anniversary or, as we call it, our own “Loving” day. (For more on that, see here – gift link.) We caught Beyoncé’s holiday performance on Friday, and it lived up to all of the strong reviews. From the New York Times: Beyoncé’s Cowboy Carter Tour remixes American history, and her own. The superstar’s new stage show turns reclamation, personal and musical, into joyful extravaganza. … Reverence was just one of her postures, but not one she wore for long. At the end of the show, a huge bust of the Statue of Liberty appeared onstage with a…

In today’s digital age, video evidence has become increasingly crucial in DUI cases throughout Florida. As a Fort Lauderdale DUI defense attorney for over two decades, I’ve seen how police dashcam and bodycam footage can dramatically impact the outcome of DUI prosecutions. This technology presents both opportunities and challenges for defendants, and understanding its implications is essential for anyone facing DUI charges in Broward County. The Double-Edged Sword of Video Evidence Video footage often reveals crucial details that can strengthen a defense case in ways that written police reports simply cannot capture. Dashcam and bodycam footage can be used to demonstrate: Improper traffic stops. Florida law requires reasonable suspicion for a traffic stop under Terry v. Ohio and its progeny. Video evidence may show that officers lacked adequate justification for the initial stop, potentially leading to suppression of all evidence under the exclusionary rule. Field…

As the Assembly of State Parties (ASP) of the International Criminal Court (ICC) meet in New York this week for a special session to review the amendments on the crime of aggression, they will assess whether the Court should expand its mandate and take on bold reforms. Under consideration is whether the ICC’s jurisdiction over the crime of aggression should expand beyond the contours negotiated in Kampala in 2010, and potentially cover conduct by non-State parties, including the United States. There are many advocating for the ASP to take a more forceful stance against global impunity for the crime of aggression (see Sadat, Coracini, and Kreß). Yet the timing of the current reform push is, in many ways, paradoxical. The ICC is being asked to expand its scope and to take on more complex cases in more hostile political environments at a moment when it is still struggling to execute its existing mandate. As someone who has served as an ICC prosecutor, represented the…