Monday, June 22, 2015

This blawg will be on hiatus until mid-July....



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This blawg will be taking a short break. Should be fine, right? Nothing important could possibly happen in the appellate world in just a few weeks over the summer...
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No flim flam + 2d DCA pro tem update

Are orders remanding a case from state to federal court appealable?
The recent 9th Circuit case of Flam v. Flam (9th Circ. June 8, 2015) provides a clue.
H&L's Peder Batalden and John Querio explain all in today's DJ.
Here're the opening paragraphs:
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Flam Flam remand orders.
Lawyers take for granted that there will be an opportunity for appellate review - at least eventually. If a federal district court's pretrial ruling is not appealable immediately, it may be reviewed later on appeal from a final judgment. But Congress controls the scope of federal appellate jurisdiction, and Congress has discretion to eliminate appellate review for particular categories of orders.
Congress has exercised that control with respect to remand orders. Orders remanding cases from federal court to state court are presumptively appealable final decisions, but Congress has withdrawn appellate jurisdiction: "An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise." 28 U.S.C. Section 1447(d). (There are two exceptions not pertinent here.) If the growing body of case law interpreting the statute is any guide, many federal judges are dissatisfied that they may not review the "merits" of remand orders. This dissatisfaction has spawned creative efforts to avoid the statutory bar to review.

The following are currently sitting on assignment:
  • Judge Helen Bendix of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until June 30, 2015
  • Judge Carl H. Moor of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One beginning July 1 until August 31, 2015
  • Judge Anne Harwood Egerton of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until June 30, 2015
  • Judge Ann I. Jones of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until August 31, 2015.
  • Judge Richard H. Kirschner of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Five until July 31, 2015.
  • Judge Bruce G. Iwasaki of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until June 30, 2015
  • Judge Mary H. Strobel of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until August 15, 2015
  • Judge John Segal of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven beginning July 6 until July 22, 2015.
  • Judge Sam Ohta of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Eight beginning July 1 until August 31, 2015

Thursday, June 18, 2015

Today's appellate tidbits & latest 2d DCA pro tems


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  • Today's DJ profiles LASC Judge Dick Burdge. Prominent commercial litigator in the LA legal community? Sure. But he earns his spot on this blog because: "His wife is Lee S. Edmon, a former presiding judge of the Los Angeles County Superior Court who was named presiding justice of Division 3 of the 2nd District Court of Appeal about 10 days after Burdge's appointment."
  • The Recorder reports here that "The Alliance of California Judges, a frequent critic of judicial branch decision-makers and administrators, has retained a Sacramento lobbying firm, according to filings with the state."
  • FRAP 4(a)? Rule 60(b)? Yeah, you may enjoy this opinion on federal appealability law here.
  • Law360 continues its coverage of the appellate-lawyer's worst nightmare in Sidley Says Stay $40M AT&T Verdict For High Court Appeal.
  • Thinking of not providing a statement of facts on appeal? Think again. Judge Goodman and the Rules of Court really do need it. See here
The following are currently sitting on assignment:
  • Judge Helen Bendix of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until June 30, 2015
  • Judge Anne Harwood Egerton of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until June 30, 2015
  • Judge Ann I. Jones of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until August 31, 2015.
  • Judge Richard H. Kirschner of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Five until July 31, 2015.
  • Judge Bruce G. Iwasaki of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until June 30, 2015
  • Judge Mary H. Strobel of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until August 15, 2015
  • Judge John Segal of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven beginning July 6 until July 22, 2015.