Tuesday, June 11, 2013

DJ - Federal Appellate Practice Edition!

Today's DJ includes four articles of appellate note, all related to federal practice:

1- Judges Justifiably Oppose Federal Anti-SLAPP, about Chief Judge Kozinski's concurring opinion in Makaeff v. Trump University, LLC (9th Cir. April 17, 2013), calling for en banc review to establish the point that "federal courts should no longer apply the California anti-SLAPP statute in diversity cases because" anti-SLAPP law "is procedural, not substantive." (Article by Anthony Glassman and Rebecca Kaufman of Glassman, Browning, Saltsman & Jacobs.)

2- Case Highlights Importance of Timely Post-Trial Motions, discussing Classic Concepts, Ltd. v. Linen Source (9th Cir. May 30, 2013), by appellate specialist Alana Rotter of GMSR.

3- Seeking Certiorari? Don't Forget to Consider Getting the Circuit Court Mandate Stayed, by Kent Bullard of GMSR.
"The high court is as finicky as Morris the Cat - it grants only about 1 percent of the cert petitions filed."

4- Practitcal Considerations: Supersedeas Bonds, discussing "you shall desist" bonds in federal court, by IP lawyers Matthew Jorgenson and Erik Carlson of Sidley Austin.
Supersedeas Man?