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Judicial Profile Writers Wanted

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Chapter Exchange

Chapter Exchange

(Bankr. N.D. Cal. 2019).

23Id. at 681.

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24Id. at 679-80.

25Id.

26Id. at 681.

27596 B.R. at 681 (citing In re Slyman, 234 F.3d 1081, 1085 (9th Cir. 2000)).

28Id. at 682.

29506 B.R. 257 (9th Cir. B.A.P. 2014).

30Bartenwerfer, 596 B.R. at 683 (citing Huh, 506 B.R. at 271-72).

31Id

32Id. at 685.

33Walker v. Citizens State Bank (In re Walker), 726 F.2d 452, 454 (8th Cir. 1984) (applying “knew or should have known” standard).

34Id. at 686.

35Buckley v. Bartenwerfer, No. 19-1016, No. 19-1025, 2020 WL 1970506 (9th Cir. B.A.P. Apr. 23, 2020).

362020 WL 1970506, at *4.

37Buckley v. Bartenwerfer, 860 Fed. App’x 544, 546 (9th Cir. Aug. 12, 2021) (citing Strang v. Bradner, 114 U.S. 555, 561 (1885); In re Cecchini, 780 F.2d 1440, 1444 (9th Cir. 1986) (holding a partner responsible for a tortfeasor/partner’s fraud when the fraud was performed “on behalf of the partnership and in the ordinary course of the business of the partnership”), overruled in other part by Kawaauhau v. Geiger, 523 U.S. 57 (1998)) fact to the injury of innocent persons who deal with him as representing the firm, … his partners cannot escape pecuniary responsibility therefor upon the ground that such misrepresentations were made without their knowledge”).

41165 Fed. 588, 591 (1908) (“the liability of the innocent partner for the torts of the wicked partner committed within the scope of the partnership is based on the application of the principles of agency, and is restricted to pecuniary liability alone”).

42Bartenwerfer v. Buckley, No. 21-908, Petition for Writ of Certiorari at 4.

43Deodati v. M.M. Winkler & Assocs. (In re M.M. Winkler & Assocs.), 239 F.3d 746, 751 (5th Cir. 2001).

44Walker v. Citizens State Bank (In re Walker), 726 F.2d 452, 454 (8th Cir. 1984).

45Petition for Certiorari at 9, 11.

46Field v. Mans, 516 U.S. 59, 60 (1995).

47516 U.S. at 68.

48Id

49Brief of the Respondent in Opposition at 9.

50Id. at 10.

51Id

52Id. at 14.

53Id.

54Bartenwerfer v. Buckley, No. 21-908, slip. op. at 4 (U.S. Feb. 22, 2023).

55Id.

56Id. (citation omitted).

The Federal Lawyer is looking to recruit current law clerks, former law clerks, and other attorneys who would be interested in writing a judicial profile of a federal judicial officer in your jurisdiction. A judicial profile is approximately 1,500-2,000 words and is usually accompanied by a formal portrait and, when possible, personal photographs of the judge. Judicial profiles do not follow a standard formula, but each profile usually addresses personal topics such as the judge’s reasons for becoming a lawyer, his/her commitment to justice, how he/she has mentored lawyers and law clerks, etc. If you are interested in writing a judicial profile, we would like to hear from you. Please send an email to social@fedbar.org.

38Id. at 547.

39Bartenwerfer v. Buckley, 142 S. Ct. 2675 (May 2, 2022).

40114 U.S. 555, 561 (1885) (“in the conduct of partnership business, … one partner makes false or fraudulent misrepresentations of

From the Foundation continued from page 12 possible. In return, I ask two things: First, let the Foundation Board—and me—know your views on how that can happen and, further, how you think the Foundation can effect its mission. Second, nominate someone to be a Fellow. Fellows really are the lifeblood of the Foundation. We are 272 strong now; there is room for more.

I look forward to hearing from you.

Cheers, Aaron

57Id. (citation omitted).

58Id. (citation omitted).

59Id. at 9-10.

60Id. at 10-11.

61Id. at 11.

62Id

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