Friday, March 17, 2017

Some case notes

1953 Bowman Yogi Berra.jpgThe Yogi Berra-Opening Line-Judicial Efficiency award goes to Justice Ikola for a pair of decisions here and here, that begin like this: "This appeal is déjà vu all over again. It is one of several cases presenting similar fact patterns, and in some cases, they are functionally identical. This is one of
those cases."

And to "Finnish," in the appellate sanctions department, note this case here, involving an admonishment of defendants and the imposition of monetary appellate sanctions on plaintiffs "for unreasonable violations of the California Rules of Court."
We further observe that Defendants’ brief was itself woefully inadequate. The procedural history in the brief is not supported by citations to the record, and record citations in the brief’s statement of facts cite to exhibit numbers rather than page numbers in the appendix. More frustrating, however, is that the substantive arguments in the brief do not meet Plaintiffs’ arguments on appeal. Defendants seem to have simply reworked arguments made in the prior appeal without acknowledging the different procedural posture of the instant appeal. We recognize, however, that Defendants have had to deal with the burden of Plaintiffs’ voluminous and disorganized filings over an extended period of time. While we could sanction Defendants and their counsel for these rule violations, we will instead admonish them, as we did Plaintiffs previously, that they may well face similar sanctions if they commit violations in a future appeal.
[Plaintiff Party 1] and counsel for [Plaintiff Party 2], [named], are each sanctioned in the amount of $950, payable to the clerk of this court within 45 days of the date of this order.

Today's MetNews has Ninth Circuit Judge Slams ‘Personal Attacks’ on Jurists
Bybee Says Travel Ban Was Lawful, but in Apparent Reference to Trump, Says Courts Should Not Be Politicized -- "Judge Jay Bybee did not mention the president by name. But in an opinion filed late Wednesday–which was joined by Judges Alex Kozinski, Consuelo Callahan, Sandra Ikuta, and Carlos Bea—he said such “personal attacks” were “out of all bounds of civic and persuasive discourse.” See also, in the ABA Journal, In apparent reference to Trump, 5 dissenting 9th Circuit judges criticize attacks on judiciary

Want more great tidbits? The March edition of Justice Moore's Litigation Update for the State Bar's Litigation Section is now available here.

And see Lack of Oxford Comma Could Cost Maine Company Millions in Overtime Dispute