Friday, January 27, 2017

DJ Appellate Podcast w/Donald Verrilli

The DJ's Friday Appellate Podcast looks fascinating: Donald Verrilli reflects on his time as U.S. Solicitor General under Barack Obama, revisiting salient victories for marriage equality and healthcare, and a defeat on voter protections. He also shares thoughts on Merrick Garland's neglected nomination, present political hostility, the future of healthcare, and his new role as founding partner of Munger, Tolles & Olson's Washington, DC, office.
Image result for cape hornAlso in today's DJ, Gary Watt (Chair of Hanson Bridgett's Appellate Practice) presents an MCLE-worthy article: New Year's resolution: filing appeals on time, which discusses Manapat v. Hoffman (a recent unpub showing "sometimes things go wrong"). "Rule 8.108 provides for extended time to appeal when particular motions are filed or for filing a cross-appeal. Rule 8.108 is the Cape Horn of appellate rules, a body of water littered with the shipwrecks of untimely appeals. The dangers arise from the interplay of Rule 8.108 and the underlying motion or motions being filed (for example, new trial, JNOV). This rule is worthy of a separate, lengthy article so suffice to say, proceed with extreme caution when seeking to determine its applicability."

1/2's Justice Stewart offers a nice first-paragraph zinger here: "The defendants’ position concerning the application of res judicata in this case can be summed up in six words: “Heads I win, tails you lose.” Ours, in two: We reverse."

And you don't see this every day: three justices, three separate decisions.