Jess Krochtengel

A housekeeping note: today is my last with @Law360 . It's been an incredibly fun 11 years. I was never much of a tweeter, but I did enjoy eavesdropping here, especially on #appellatetwitter . Please hit up @JeffOverley with appellate news!

Dallas COA panel in December said collateral estoppel bars a claim against an atty. Then one judge leaves bench. Client seeks rehearing. New panel with new judge says no collateral estoppel. The now-dissent is essentially the old majority opinion search.txcourts.gov/Case.aspx?cn=0…

A federal judge spells out in a footnote that in fact, one CAN wear socks with sandals

Analysis | Why the solicitor general's office isn't more diverse #AppellateTwitter washingtonpost.com/politics/2023/…

Who says Elon is the only one who gets to rebrand? New twitter handle is JessKroch, instead of JessLaw360 (No one spells my whole last name right so I'm keeping it short)

Later today, the US Senate will vote on the confirmation of solo practitioner Rachel S. Bloomekatz's nomination to the Sixth Circuit, which oversees district courts in Kentucky, Michigan, Ohio and Tennessee.

Some excellent reporting from @frankrunyeon here on the "jenga"-like structure of the New York courts security program law360.com/appellate/arti…

and I'll wrap it up with his wish to take a shredder to the U.S. Code

on what his writing process with clerks has in common with standup comedy

This 2015 oral history with J.Kleinfeld (plus his wife) is a DELIGHT to read. It's giving whale dinners at Harvard, the frontiers of Fairbanks and really frank discussion about political ambition #appellatetwitter njchs.org/wp-content/upl…

I'll need to check this out later, but Leonard Leo gave a rare podcast interview themainewire.com/2023/07/maine-…

OK this is wild - a @PerkinsCoieLLP litigator tried to recruit a law clerk IN THE MIDDLE OF A PATENT TRIAL. from @doratki law360.com/trials/article…

Fun SCOTUS stats from this term: 50%: unanimous in outcome (counting 3 PCs) 89%: at least one liberal justice in the majority 8%: 6-3 with the 6 Republican appointees all on one side 3%: 5-4 with the 3 Democratic appointees all on one side

BREAKING: The Supreme Court agreed to hear a case that could have far-reaching consequences for the way that federal agencies prosecute alleged wrongdoers, taking on an appeal from a Fifth Circuit ruling that the SEC's in-house courts are unconstitutional. law360.com/articles/16949…

In a second QI case denied cert, Sotomayor says "It is time to restore some reason to a doctrine that is becoming increasingly unreasonable. If this court is unwilling to do so, then it should reexamine its judge-made doctrine of qualified immunity writ large."

Court denied a qualified immunity case involving a man killed by St Louis police officers. Sotomayor dissents from denial, saying officers shouldn't escape scrutiny from juries when they use deadly force

Donald Verrilli represented the petitioner in this one. mscenterforjustice.org/wp-content/upl…

Racism is also at issue in the cert denial of Harness v. Watson, which challenged validity of remaining parts of a Jim Crow-era law that stripped the right to vote for those convicted of crimes. Jackson & Sotomayor dissent from denial