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Howie Erichson

@howarderichson.bsky.social
866 followers 809 following 74 posts

Law professor at Fordham, teaching and writing about civil procedure, complex litigation, torts, and legal ethics.

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Howie Erichson @howarderichson.bsky.social · 26/08/2026
Wow, that was fast. Trials drive settlements. A week into the four-state bellwether trial against Meta in the social media addiction MDL, there's a proposed broad-based settlement to resolve state claims concerning Facebook's and Instagram's effect on teen mental health. apnews.com/article/meta...
apnews.com
Meta reaches $17 billion settlement with states in landmark trial over teen social media addiction
Meta has agreed to pay $17 billion and add child-safety measures to its Facebook and Instagram platforms to end a landmark trial over teen social media addiction and settle claims filed by 47 states.
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Howie Erichson @howarderichson.bsky.social · 29/07/2026
Commentary from the always-thoughtful Ben Zipursky on why Cornyn must say no to Blanche. www.law.com/texaslawyer/...
law.com
Senator Cornyn, Attorney Blanche, and Self-Respect | Law.com
Like him or not, Cornyn has a stronger claim than almost anyone in the Senate to being a true lawyer-statesman.  Candidate Blanche could not be further from this.
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Howie Erichson @howarderichson.bsky.social · 01/07/2026
Thoughtful commentary today from my brilliant co-author Maria Glover about the Supreme Court's consolidation of power. www.ms.now/opinion/supr...
ms.now
Opinion | The authoritarian power play is happening at the Supreme Court
J. Maria Glover: The Supreme Court has been seizing power for itself — from the lower courts, from Congress and from the voters. These are not scattered rulings; they are one move, made over and over.
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Brennan Center @brennancenter.org · 03/05/2026
We need a strong Supreme Court that protects democratic institutions, upholds the rule of law, and safeguards individual rights. But this Court no longer operates as the framers envisioned, nor as it should. Here are six reforms that Congress can enact now: bit.ly/4dbN1qI
brennancenter.org
Six Solutions to Fix the Supreme Court
Congress must return the Court to its proper place in the U.S. constitutional system.
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Bloomberg Law @bloomberglaw.com · 23/04/2026
Prominent appellate lawyer Kannon Shanmugam is leaving Paul Weiss for Davis Polk & Wardwell.
bit.ly
Top Paul Weiss Litigator Shanmugam Bolts for Rival Davis Polk
Prominent appellate lawyer Kannon Shanmugam is leaving Paul Weiss for Davis Polk & Wardwell.
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Howie Erichson @howarderichson.bsky.social · 13/04/2026
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.
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Brennan Center @brennancenter.org · 05/04/2026
A fixed schedule for Supreme Court appointments would reduce political manipulation and make the Court more representative. bit.ly/4bZbVIk
brennancenter.org
Term Limits Depoliticize the Supreme Court
A fixed schedule for appointments would reduce political manipulation and make the Court more representative.
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Reuters Legal @legal.reuters.com · 02/04/2026
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
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Raffi Melkonian @rmfifthcircuit.bsky.social · 31/03/2026
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...
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.”).
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Howie Erichson @howarderichson.bsky.social · 26/03/2026
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-...
susmangodfrey.com
Susman Godfrey Defies BigLaw’s Recruiting Frenzy with Applicant-First Summer Program | Susman Godfrey L.L.P.
Susman Godfrey, the nation’s premier trial firm, is taking a unique approach to 2L summer associate hiring. BigLaw has been pushing hiring decisions earlier and earlier, forcing students to choose whe...
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Howie Erichson @howarderichson.bsky.social · 21/03/2026
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...
open.spotify.com
The Elephant
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Howie Erichson @howarderichson.bsky.social · 17/03/2026
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.
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Howie Erichson @howarderichson.bsky.social · 19/02/2026
www.theguardian.com/world/2026/f...
theguardian.com
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
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Howie Erichson @howarderichson.bsky.social · 30/01/2026
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...
nytimes.com
An Ethicist ‘in the Scalia Mold’: The Minnesota Judge Blasting ICE
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Howie Erichson @howarderichson.bsky.social · 21/01/2026
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...
globalnews.ca
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.
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Howie Erichson @howarderichson.bsky.social · 17/12/2025
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...
law.nyu.edu
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...
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The Associated Press @apnews.com · 11/12/2025
BREAKING: The Justice Department again fails to re-indict New York Attorney General Letitia James, an AP source says.
bit.ly
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.
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Yoni Appelbaum @yappelbaum.bsky.social · 09/11/2025
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...
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Reuters @reuters.com · 07/11/2025
US judge rejects Capital One $425 million settlement with depositors reut.rs/49MB2hY
reut.rs
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.
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Howie Erichson @howarderichson.bsky.social · 06/11/2025
It's good to see jurors serving their historic role as bulwarks against tyranny and prosecutorial overreach. apple.news/AmKELOTvVQua...
apple.news
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.
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Howie Erichson @howarderichson.bsky.social · 01/11/2025
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/...
nytimes.com
Opinion | In Trump’s America, Are We Losing Our Democracy?
Donald Trump has wielded power as no previous president has.
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Howie Erichson @howarderichson.bsky.social · 17/10/2025
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...
nytimes.com
Universities Are Standing Up to Trump
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Howie Erichson @howarderichson.bsky.social · 09/10/2025
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!
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Howie Erichson @howarderichson.bsky.social · 06/10/2025
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...
nytimes.com
‘Bow to the Emperor’:We Asked 50 Legal Experts About the Trump Presidency
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Anna Bower @annabower.bsky.social · 30/09/2025
Omg. I’ve never seen anything like this in a judicial opinion:
Case 1:25-cv-10685-WGY Document 261
Filed 09/30/25
Page 1 of 161
Post card dated June 19, 2025
(On file in Chambers)
1 9/S UNE 2025
TRUMP HAS PARDONS
AND TANKS..
WHAT DO
You
HAVE?
Dear Mr. or Ms. Anonymous, Alone, I have nothing but my
sense of duty.
Together, We the People of the
United States -- you and me --have our magnificent Constitution.
Here's how that works out in a
specific case --
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS -- HARVARD FACULTY CHAPTER, AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS AT NEW
YORK UNIVERSITY, RUTGERS AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS-AMERICAN
FEDERATION OF TEACHERS, and
MIDDLE EAST STUDIES ASSOCIATION,
Plaintiffs,
)
CIVIL ACTION NO.
25-10685-WGY
v.
MARCO RUBIO, in his official capacity as Secretary of State, and the DEPARTMENT OF STATE, KRISTI NOEM, in her official
[1]
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Howie Erichson @howarderichson.bsky.social · 19/09/2025
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."
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Asha Rangappa @asharangappa.bsky.social · 18/09/2025
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
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Walter Olson @walterolson.bsky.social · 03/09/2025
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...
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Howie Erichson @howarderichson.bsky.social · 29/08/2025
www.nytimes.com/2025/08/29/u...
nytimes.com
Grand Juries in D.C. Reject Prosecutors’ Efforts to Level Harsh Charges Against Residents
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Howie Erichson @howarderichson.bsky.social · 27/08/2025
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...
nbcnews.com
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.
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Lawfare @lawfaremedia.org · 25/08/2025
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.
lawfaremedia.org
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.
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Allison Gill @muellershewrote.com · 22/08/2025
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...
nbcnews.com
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."
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Howie Erichson @howarderichson.bsky.social · 14/08/2025
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...
nytimes.com
As Trump Pushes International Students Away, Asian Schools Scoop Them Up
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Steve Vladeck @stevevladeck.bsky.social · 11/08/2025
Someone forgot to take down this webpage: www.justice.gov/usao-dc/pr/v...
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Howie Erichson @howarderichson.bsky.social · 10/08/2025
As I prepare to welcome new law students, I am fighting the urge to go deep-cynic about law and courts. I think the most powerful act of resistance I can offer is to teach future lawyers how to think clearly, how to care about facts, and how to understand fundamental legal values.
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Aaron Rupar @atrupar.com · 03/08/2025
Larry Summers: "This is way beyond anything Nixon ever did ... this is the stuff of democracies giving way to authoritarianism. Firing statisticians goes with threatening the heads of newspapers, launching assaults on universities, launching assaults on law firms. This is really scary stuff."
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Howie Erichson @howarderichson.bsky.social · 27/07/2025
As someone who takes legal ethics seriously, I am glad courts see the obvious unconstitutionality of the president's outrageous attempts to punish law firms for their representation of clients and their support of causes. thehill.com/opinion/judi...
thehill.com
Why did Trump target the law firm Susman Godfrey? The answer is shocking.
This needs to stop here, and it needs to stop now.
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Reuters Legal @legal.reuters.com · 23/07/2025
A federal judge ordered that Kilmar Abrego Garcia be released on bail while awaiting trial on human smuggling charges, a legal victory for the migrant who was wrongly deported to El Salvador by the Trump administration reut.rs/4kQnB2r
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Kyle Cheney @kyledcheney.bsky.social · 10/07/2025
JUST IN: A judge has certified a nationwide class aimed at blocking the effects of Trump's birthright citizenship order. storage.courtlistener.com/recap/gov.us...
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Howie Erichson @howarderichson.bsky.social · 10/07/2025
This is how things will proceed after Trump v. CASA's rejection of universal injunctions. Federal court certifies nationwide class action and grants preliminary injunction for the class. It's clunkier but often it can do the job and it has certain advantages. apnews.com/article/birt...
apnews.com
New Hampshire judge to pause Trump’s birthright citizenship order
A federal judge in New Hampshire says he will certify a class action lawsuit including all children who will be affected by Trump’s executive order ending birthright citizenship.
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We Hold These Truths @weholdtruths.bsky.social · 04/07/2025
Our full-page color ad running today in the New York Times, the San Francisco Chronicle, the Cleveland Plain Dealer, the Arizona Republic, and the Dallas Morning News. These are the truth which unite us, and these are the truths which every American needs to know. weholdtruths.org #sharethetruths
Personal freedoms

The personal freedoms accorded throughout the Constitution and its many amendments are an
essential protection against government tyranny and reflect the inherent rights of every person in
the United States. These include,
-Freedom of expression. Democracy depends on freedom of speech and the press. The
government has no right to intimidate or punish anyone simply on the basis of their views and
ideas.
 -Criminal justice. Those suspected and accused of crimes are protected by many provisions of
the Bill of Rights, including those limiting police searches and arrests, ensuring the privilege
against self-incrimination, and providing for fair trials.  These rights are imperative to protect
individual freedom and prevent abuses by the government.
-Personal autonomy. Our society respects fundamental aspects of autonomy, including the
liberty to make important decisions about one’s life.

the Constitution, and its chief safeguard of our liberty, is
avoiding the concentration of power by separating and placing limits upon the legislative,
executive, and judicial powers of government among three branches that check, balance, and
respect each other’s power.  
-Responsibility of each branch of government: Congress alone possesses the legislative power,
which is limited to that authority enumerated in the Constitution. The President is not a King;
his power must come from the Constitution or a statute passed by Congress and may not be
applied to violate the constitutional rights of others. And it is “emphatically the province and
duty of the judicial department to say what the law is.”
-National defense: The federal government must provide for the common defense, which today
means protecting the United States, supporting our allies overseas, and preventing foreign
interference from disrupting our political system. But whether the federal government is

protecting national security or fulfilling its domestic responsibilities, it must adhere to the limits
of i…
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Kelsey Reichmann @kelseyreichmann.bsky.social · 28/06/2025
Make Class Actions Great Again? w/ @benjaminweiss.bsky.social @ryanknappy.bsky.social www.courthousenews.com/with-univers...
courthousenews.com
With universal injunctions out of style, class actions are already trending
As one door closes, another opens: Litigants are quickly adapting to the Supreme Court’s ruling nixing nationwide pause on executive policies.
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Norm Eisen @normeisen.bsky.social · 27/06/2025
BREAKING: if the Supreme Court wants a class action to hold Trump's birthright citizenship unconstitutional nationwide, we will give them one! We @democracydefendersaction.org just filed with our wonderful partners @aclu.org, NAACP LDF, LULAC & more assets.aclu.org/live/uploads...
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Joseph Mead @josephwmead.bsky.social · 27/06/2025
We've also moved for class certification and sought class-wide injunctive relief. www.law.georgetown.edu/icap/wp-cont... Procedures for enforcing rights may change but the Constitution does not.
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Kathleen Bush-Joseph @kathleenbush.bsky.social · 27/06/2025
Wow was that fast--an immigrant advocate group already filed an amended complaint seeking class action relief in its birthright citizenship case in federal court in Maryland
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Howie Erichson @howarderichson.bsky.social · 27/06/2025
I'm not happy SCOTUS says judges lack full power to enjoin the executive from violating law. But on the bright side, they handed me a perfect Complex Litigation syllabus for the fall. Litigation structures to address illegal conduct that causes widespread harm? Joinder & class actions, here we come.
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Howie Erichson @howarderichson.bsky.social · 27/06/2025
www.reuters.com/world/us/har...
reuters.com
Harvard and University of Toronto make contingency plan for international students
Harvard University and the University of Toronto have unveiled a contingency plan that would allow select Harvard graduate students to continue their studies in Canada if U.S. visa restrictions prevent them from re-entering the United States.
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Kyle Cheney @kyledcheney.bsky.social · 24/06/2025
BREAKING: A federal judge has ordered the Trump administration to restore millions of dollars in canceled grants to University of California researchers, calling the terminations flagrantly illegal and unconstitutional. storage.courtlistener.com/recap/gov.us...
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Howie Erichson @howarderichson.bsky.social · 23/06/2025
Trump's defunding of science boggles the mind. Universities carry out research projects to answer questions that the government wants answered because it's in our national interest to get these answers. Halting these projects is just unbelievably stupid. www.nytimes.com/interactive/...
nytimes.com
Here Is All the Science at Risk in Trump’s Clash With Harvard (Gift Article)
More than 900 research grants worth $2.6 billion are in jeopardy. So is the 80-year-old model of American science.
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SCOTUSblog @scotusblog.com · 20/06/2025
NEW: In Fuld v. PLO, a case about whether a law that says the Palestine Liberation Organization and Palestinian Authority have consented to personal jurisdiction in civil suits brought under the Antiterrorism Act violates the Fifth Amendment, the Supreme Court holds it does not.
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