 |
"I felt like I was somehow behind
the curtain of the 'Wizard of Oz.'" |
Today's DJ has an article by a high school student Justin Pfhaler, who recently completed an LASC internship. Among other lessons he learned, notes: "
not all lawyers are equal. In our system, Lady Justice is not so blind when it comes to the different quality of lawyering. In many of the cases I observed, it seemed like the better lawyer would prevail, even if he or she did not have the best facts or the law perfectly on their side. The better lawyer was more thoroughly prepared, performed solid legal research, knew the facts of the case, and was able to persuasively articulate his or her case."
Of appellate note, Ben Feuer and Anna-Rose Mathieson of CALG offer
Briefing in the U.S. Supreme Court Post-Kennedy. With Kennedy gone, "
advocates will in many cases shift their sights to Chief Justice
John Roberts, who is perceived as the most centrist of the conservative
justices. The most obvious impact of this change is on attorneys representing a
party, but those numbers are small overall since the court grants only around
70 certiorari petitions a year."
"By
sheer numbers, far more attorneys will first face the court's shift to the
right when filing amicus briefs. Amicus practice has ballooned in recent
decades, with the number of amicus briefs nearly doubling in the last 20 years
to around 800 briefs each year. At least one amicus files a brief in nearly
every case the court hears, and some high-profile cases receive more than a
hundred amicus briefs."
And Andrew Trask of Shook Hardy presents
How Strict are Appellate Deadlines in Class Actions? about Rule 23(f) appeals from class certifications and the 9th Circuit's opinion in
Lambert v. Nutraceutical Corp. (maker of the Cobra aphrodisiac dietary supplement), which "held that equitable tolling of Rule 23(f)'s deadline was appropriate," "defying the decisions of other federal Courts of Appeal[s]." SCOTUS will resolve this split this term, so stay tuned...
Posts
