The BLT: The Blog of Legal Times

Appeals Court Affirms Wilmer Win in Malpractice Suit

Updated at 4:24 p.m.

The District of Columbia Court of Appeals yesterday affirmed the dismissal of legal malpractice claims against Wilmer Cutler Pickering Hale and Dorr and denounced the "contumacious behavior" of the lawyer who brought the case.

Wilmer represented the lawyer, James Pietrangelo II, as part of a legal challenge to the now-defunct "don't ask, don't tell" policy. Pietrangelo was one of a dozen former armed service members that the firm represented pro bono. He was a Wilmer client from 2004 to 2006, and then split off to pursue his own challenge on his own.

Pietrangelo accused Wilmer of interfering with his efforts to take his case to the U.S. Supreme Court, according to yesterday's opinion. Trial judges who handled the dispute at different times dismissed most of his claims, and a jury found for Wilmer on the remaining counts. A three-judge appellate panel yesterday affirmed the dismissal of Pietrangelo's claims.

DOJ Wants to Add Attorneys in 2014

The U.S. Department of Justice's budget request for 2014 seeks to add dozens of attorney positions, boosting efforts to combat cybersecurity, prosecute financial and mortgage fraud and combat international piracy of intellectual property.

The $27.6 billion request is a 3 percent increase over the budget enacted two years ago in 2012, and restores the $1.6 billion in cuts in this year's budget as part of government-wide cuts called sequestration. Released Wednesday, the budget includes additional attorneys in the Criminal Division, Civil Division and Civil Rights Division, but removes attorney positions in the Antitrust Division.

"The President's budget request reflects a strong commitment to building upon the record of progress we have established in fulfilling the Justice Department's most critical missions," Attorney General Eric Holder Jr. said in a written statement.

Here is what the budget proposes for key divisions at DOJ:

Hearing Turns Political for D.C. Circuit Nominee

Sri Srinivasan strode confidently into a Senate room today for his confirmation hearing as a judge for the U.S. Court of Appeals for the D.C. Circuit. He elicited chuckles from Senate Judiciary Committee Chairman Senator Patrick Leahy (D-Vt.) during pre-hearing chit-chat. His bipartisan supporters in the room included the two Virginia senators who introduced him, five congressman and Solicitor General Donald Verrilli Jr.

But before Srinivasan even got a chance to speak, the hearing devolved into partisan arguments about the speed of judicial nominations in general. Senator Chuck Grassley (R-Iowa) used the opening statements at the hearing to announce a bill that would reduce the number of judges on the D.C. Circuit from 11 to 8.

Grassley announced he would file the legislation, cosponsored by other Republicans on the judiciary committee like Senators Mike Lee (R-Utah), Orrin Hatch (R-Utah), Jeff Sessions (R-Ala.), Jeff Flake (R-Ariz.) and Ted Cruz (R-Texas). The bill would essentially transfer those judge positions to the U.S. Court of Appeal for the Second Circuit and the Eleventh Circuit, which Grassley contends has higher caseloads per judge.

The move underscored how, despite Srinivasan’s broad support and excellent legal pedigree, his nomination to the second highest court in the United States will have to navigate one of the most gridlocked parts of a gridlocked Senate.

Check back on The National Law Journal’s web page here for more from the hearing.

DOJ Official Testifies on 'Significant Challenges' in Campaign Finance Investigations, Prosecutions

The U.S. Justice Department is “hampered” from uncovering corruption and enforcing campaign finance laws in the aftermath of the U.S. Supreme Court decision in Citizens United v. Federal Election Commission, a top prosecutor testified Tuesday on Capitol Hill.

Current laws don’t always give prosecutors the warning signals needed to investigate when individuals or certain nonprofits might be violating campaign finance laws, said Mythili Raman, the acting assistant attorney general in DOJ criminal division.

The result: it is easier to get away with illegally buying influence over elections and concealing the conduct, said Raman, who took over the leadership of the division after the departure of Lanny Breuer last month.

U.S. Senate Confirms Patty Shwartz for Third Circuit Seat

The U.S. Senate on Tuesday confirmed Patty Shwartz of New Jersey to the U.S. Court of Appeals for the Third Circuit, more than 18 months after President Barack Obama first nominated her.

Shwartz, a federal magistrate in New Jersey since 2003, drew some opposition from Republicans who felt they did not get an opportunity to fully follow up on key issues such as her opinions on the campaign finance issues in Citizens United v. Federal Elections Commission and her views on Roe v. Wade.

Shwartz was first nominated in October 2011. The vote Tuesday was 64-34.

Georgetown Law Argues for Dismissal of Age Discrimination Lawsuit

A Washington federal judge heard arguments Monday on whether the use of words such as "young" or "pick of the litter" in discussing law professor applicants was evidence of discrimination against older applicants in Georgetown University Law Center's hiring process.

Former North Dakota Attorney General Nicholas Spaeth sued Georgetown and five other schools after he failed to get an interview through the Association of American Law Schools faculty recruitment conference in 2010.

Georgetown moved for summary judgment, arguing that they had non-discriminatory reasons for rejecting Spaeth, in particular his lack of expressed interest in legal scholarship. U.S. District Judge Ellen Segal Huvelle heard arguments yesterday afternoon.

New Congressional Research Report Looks at Recess Appointments

The U.S. Court of Appeals for the D.C. Circuit’s interpretation of President Barack Obama’s recess appointments to a federal labor board could have a “substantial impact on the future division of power between the president and Congress,” according to a new Congressional Research Service report.

The D.C. Circuit’s January 28 ruling in Noel Canning v. National Labor Relations Board, written by then-Chief Judge David Sentelle, restricted the power of the president to make recess appointments. The appellate court said the president can only make an appointment under "the recess" of the Senate.

If the U.S. Supreme Court upholds the decision, the ruling will mark a shift toward increased Senate control over the appointment of government officials, the CRS report said.

Sequestration Drives Scheduling Changes at D.C. Federal Court

To accommodate expected furloughs in federal law enforcement and defender services agencies, the U.S. District Court for the District of Columbia will stop scheduling most criminal matters on alternating Fridays from April 26 through September 30, court officials said.

Unlike those agencies and some federal courts, however, the D.C. court isn't planning to furlough or fire staff before the end of the fiscal year in September as part of mandated federal budget cuts known as sequestration. Under sequestration, which took effect March 1, non-defense agencies faced five percent in budget cuts.

New arrests will still be processed on the alternating Fridays, U.S. District Chief Judge Royce Lamberth said, while ongoing criminal trials will be recessed. He said the decision was made in consultation with the local U.S. attorney, U.S. Marshal, and Federal Public Defender's offices. Civil cases won't be affected; Lamberth said the U.S. attorney's office indicated that they expect to have lawyers available.

Confirmation Hearing Set for D.C. Circuit Nominee

U.S. Court of Appeals for the D.C. Circuit nominee Sri Srinivasan will get a confirmation hearing this month, and he’s receiving more support from some top Washington lawyers.

The Senate Judiciary Committee has scheduled an April 10 hearing for Srinivasan, currently the principle deputy solicitor general. President Barack Obama first nominated Srinivasan ten months ago.

Republicans have delayed Srinivasan's hearing, saying they want to know more about his role in the abrupt settlement of a Fair Housing Act case a year ago and get more documents about the case from the Department of Justice. But committee Chairman Senator Patrick Leahy (D-Vt.) last month announced he had accommodated the Republicans' request for more time and that "if some members have questions or concerns, they can raise them with the nominee directly."

Budget Cuts Start to Hurt Courts

The effects of this month's steep federal budget cuts are becoming clearer in court districts across the country, with judges, clerks and legal agencies from California to New York announcing courthouse closings and furloughs.

In Colorado, U.S. Chief District Judge Marcia Krieger ordered an end to hearings and trials in criminal cases on every Friday for five months, from April 26 through September. The federal public defenders, prosecutors and marshals face furloughs, Krieger wrote, and they are "integral to proper adjudication of criminal matters."

As in Colorado, other courts are targeting Fridays for closures because the supporting agencies and their attorneys will take furloughs. The clerk of court in the Central District of California announced it will severely curtail services at its three courthouses on seven Fridays from April through, accepting only mandatory and emergency filings.