I'm looking forward to participating in this @cardozolaw.bsky.social symposium about @eburch.bsky.social's important new book about the darker sides of mass tort litigation.

Term Limits Depoliticize the Supreme Court A fixed schedule for appointments would reduce political manipulation and make the Court more representative.

A fixed schedule for Supreme Court appointments would reduce political manipulation and make the Court more representative. bit.ly/4bZbVIk

A federal judge said the American Bar Association can proceed with a lawsuit alleging President Donald Trump's administration adopted an unlawful policy to punish law firms over their past legal work, ​diversity policies and political ties @mikescarcella.bsky.social reut.rs/4m6F2Oz

Briar Capital now appeals the jury verdict based on legal insufficiency of the evidence. But because Briar Capital admittedly failed to file motions under Federal Rules of Procedure 50(a) and 50(b), it has waived appellate review of the sufficiency of the evidence. See Downey v. Strain, 510 F.3d 534, 543–44 (5th Cir. 2007) (citing Unitherm Food Sys., Inc. v. Swift-Eckrich, Inc., 546 U.S. 394, 400–01 (2006)). “[A] party who wishes to appeal on grounds of insufficient evidence must make a Rule 50(b) motion for judgment as a matter of law after the jury’s verdict . . . .” Ibid. (citing Unitherm, 546 U.S. at 400–01); see also Marquette Transp. Co. Gulf-Inland, L.L.C. v. Navigation Mar. Bulgare JSC, 87 F.4th 678, 686–87 (5th Cir. 2023). Briar Capital’s failure to do so leaves us “powerless to review the sufficiency of the evidence.” Johnson v. Moring, No. 24-30385, 2025 WL 1984266, at *2 (5th Cir. July 17, 2025); see also Arvie v. Diamond Offshore Drilling, Inc., 349 F. App’x 868, 869 n.1 (5th Cir. 2009) (“In the absence of [a Rule 50(a) or (b)] motion, an appellate court may not review a jury verdict in a civil action.”).

Not spicy, but very important for lawyers. CA5 holds (again) that the failure to file Rule 50(a) and Rule 50(b) motions bars *all* appellate review of evidentiary sufficiency, including under the plain error standard.

www.ca5.uscourts.gov/opinions/pub...

Go Susman! Glad to see a great firm defying the short-sighted and harmful recent trend of pushing the hiring process for 2L summer associate positions into the 1L year. Students should respect this move, and other firms should follow Susman's lead. www.susmangodfrey.com/news/susman-...

The Elephant

In my other life as a songwriter, my new song "The Elephant" was just released! Collaborator Racquel Roberts and I, with a team of phenomenal musicians, created a funk rock song about a couple with something they do not talk about. Give it a listen! open.spotify.com/track/1INoU7...

The judge upheld the jury verdict holding J&J liable for $16 million in compensatory damages, but granted JNOV as to punitive damages (wiping out a staggering $950 million punitives verdict) because the evidence could not support a clear-and-convincing finding that J&J acted with malice.

South Korea’s former president Yoon Suk Yeol jailed for life for leading insurrection Ex-leader sentenced to life imprisonment with hard labour over failed martial law declaration in 2024

www.theguardian.com/world/2026/f...

Absolutely. Thank you for saying it, even though it must be exhausting. And, very sadly, it's an old story that keeps happening around the world and across generations. Martin Niemöller put it so well in 1946: First they came ...

An Ethicist ‘in the Scalia Mold’: The Minnesota Judge Blasting ICE

I continue to be grateful for judges and lawyers from all over the political spectrum who take law and truth seriously. www.nytimes.com/2026/01/29/u...

Read the full transcript of Carney’s speech to World Economic Forum - National | Globalnews.ca Prime Minister Mark Carney gave a forceful speech in Davos, Switzerland, on the 'new world order' and how middle powers like Canada can benefit by working together.

Wow, this is quite a speech by Canada's Mark Carney. It saddens me that my own country is squandering whatever claim it once had to a position of principled leadership in the world, but I take some comfort in hearing voices of reason among those in power elsewhere. globalnews.ca/news/1162087...

In Memoriam: William Nelson ’65 William E. Nelson ’65, Judge Edward Weinfeld Professor of Law Emeritus, died on December 13, Dean Troy McKenzie ’00 has announced. “Bill was a defining member of the NYU Law community whose presence h...

Bill Nelson ran a seminar for people (like me) who wanted to learn how to be legal scholars. His teaching and support were key to my transition into the academic world, and I will be forever grateful. @nyulaw.bsky.social
www.law.nyu.edu/news/in-memo...

Justice Department again fails to re-indict New York Attorney General Letitia James, AP source says A grand jury has declined for a second time to re-indict New York Attorney General Letitia James, refusing to resurrect a mortgage fraud prosecution encouraged by President Donald Trump, according to a person familiar with the matter.

BREAKING: The Justice Department again fails to re-indict New York Attorney General Letitia James, an AP source says.

BREAKING: Mark Wolf, appointed to the federal bench by Ronald Reagan, writes that he is resigning as a judge to have the freedom to speak out against the president's assault on the rule of law.
www.theatlantic.com/ideas/2025/1...

US judge rejects Capital One $425 million settlement with depositors A federal judge rejected Capital One's $425 million settlement with depositors who said they were cheated out of high interest rates, saying the payout was too small and millions of account holders would continue to be short-changed.

US judge rejects Capital One $425 million settlement with depositors reut.rs/49MB2hY

Jury finds D.C. ‘sandwich guy’ not guilty of assaulting officer — The Washington Post Sean C. Dunn admitted he flung the hoagie at a federal agent. His attorneys called it a “harmless gesture” of protest as Trump commandeered D.C. police.

It's good to see jurors serving their historic role as bulwarks against tyranny and prosecutorial overreach. apple.news/AmKELOTvVQua...

Opinion | In Trump’s America, Are We Losing Our Democracy? Donald Trump has wielded power as no previous president has.

This editorial is well supported and well expressed. On the topics I know best--higher education and rule of law--it gets the story exactly right. www.nytimes.com/interactive/...

Universities Are Standing Up to Trump

Glad to see this. American universities have flourished because of their academic freedom. Viewpoint-based government interference is antithetical to great teaching and research. Resources are essential, but so is the freedom to pursue truth fearlessly. www.nytimes.com/2025/10/17/u...

It is so exciting that @binsky18.bsky.social has joined @pamelabookman.bsky.social and the rest of our fantastic team of civil procedure scholars at @fordhamlawnyc.bsky.social!

‘Bow to the Emperor’:We Asked 50 Legal Experts About the Trump Presidency

A depressing read, but useful to get the collective wisdom of Republican & Democratic lawyers on threats to the rule of law. Particularly sad to see the devastation of DOJ's reputation.

'Bow to the Emperor’:We Asked 50 Legal Experts About the Trump Presidency www.nytimes.com/2025/10/06/m...

Omg. I’ve never seen anything like this in a judicial opinion:

Wow, judge strikes Trump's NYT complaint for violating Rule 8's "short & plain" instruction. That's a rare event, but correct: "As every lawyer knows (or is presumed to know), a complaint is not a public forum for vituperation and invective—not a protected platform to rage against an adversary."

I know it's frustrating when lawyers point out when something the administration is doing is not legal. But responding with "the law doesn't matter anymore" is really unhelpful and defeatist. Clarifying the law is important because it reminds us not to comply in advance and to resist and take action

In rebuke to Trump administration, judge rules for Harvard on many key issues in the funding cutoff cases. I’m glad the university held fast rather than buckling under to the bully. storage.courtlistener.com/recap/gov.us...

Grand Juries in D.C. Reject Prosecutors’ Efforts to Level Harsh Charges Against Residents

www.nytimes.com/2025/08/29/u...

Grand jury declines to indict man who threw a sandwich at federal officer in D.C. The former Justice Department employee who threw a sub at federal officers in Washington, and came to be known as "Sandwich Guy," was not indicted on a federal felony charge.

Grand jury won't indict Sandwich Guy! In the very city where rioters were pardoned for brutally attacking police officers on Jan 6, it's a way for citizens to show they understand irony and they understand throwing a sandwich in frustration at this invasion. www.nbcnews.com/politics/pol...

Judge Xinis Holds Status Conference in Abrego Garcia. v. Noem et al Anna Bower reported from the conference, where Xinis barred the government from removing the defendant until briefing is complete.

Today, Judge Xinis held a status conference in Kilmer Abrego Garcia's lawsuit challenging his impending removal to Uganda. @annabower.bsky.social reported from the conference, where Xinis barred the government from removing Abrego Garcia, at least until briefing on the petition is complete.

Kilmar Abrego Garcia is released from federal custody in Tennessee Abrego Garcia walked out of federal custody for the first time since March, when he was deported to El Salvador in what the government has called an "administrative error."

BREAKING: Kilmar Abrego has been RELEASED from prison and is headed home to Maryland to be with his family. Judge Xinis has an order in place requiring a 72 hour notice if ICE decides to detain and deport him to a third country. www.nbcnews.com/news/us-news...

As Trump Pushes International Students Away, Asian Schools Scoop Them Up

Sad to see the end of an era. I've had the privilege of teaching superb students from all over the world, which was win-win-win, especially for US students. I hope our universities will soon return to being supported (or at least not thwarted) by our own government. www.nytimes.com/2025/08/14/b...

As we watch the stupidity coming from POTUS daily and from SCOTUS on occasion, it's tempting for law teachers to think our most important task is proving the idiocy. While proving idiocy is important (& easy & fun), I believe we have an even more important job & I'm trying to keep my eye on the ball