Monday, October 3, 2016

Happy First Monday!

It's the first Monday in October, the most special red letter day in the appellate world. And to kick things off, the DJ has Jimmy Azadian and David Boyadzhyan's column The First Monday summarizing the "more noteworthy cases already on the court's docket this term."
LAw360 offers As Justices Kick Off New Season, Your Guide For What To Watch.
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Law.com offers At Red Mass, Justices Reflect on Scalia, Justice and Mercy and BigLaw's Amicus Business is Booming, But Is The Court Listening?

Also in today's DJ, Moskovitz on Appeals presents They Got It All Wrong! about rehearing petitions. He urges not to bother: why inflict a second disappointment on your client? Obviously you need to petition if the opinion omitted or misstated a material fact. But short of that, "Why give the Court of Appeal a chance to modify its opinion to take away your best arguments about how bad it was? That might be the result of a petition for rehearing. Your best strategy might be to let a bad opinion stay bad."

In remarkable restraint, the court in this case here did not draft its opinion in rhyme.
Ever see a footnote in the caption of an opinion? See one here.