Law360's obit is Much-Reversed Calif. Fed. Judge Manuel Real Dead at 95, which notes: "Judge Real was perhaps best known for regularly having his decisions overturned by the Ninth Circuit."
- Over the years, Real became known for frequent reversals by the 9th U.S. Circuit Court of Appeals. At a 2016 event honoring Real's five decades on the district court, Judge Stephen R. Reinhardt said, drawing laughter, "We've had a few problems with Manny on the circuit. Judges these days, they go along to get along. Not Manny. He continued to do whatever he felt was right."
- Circuit Judge Milan D. Smith said Friday, "He was an enigma. In private or in social settings he was the most gracious and genuinely nice person you could meet. Yet in the courtroom many lawyers were in enormous fear of him. He had no qualms about ignoring what we told him to do."
- "Even if there were obvious structural errors in a case, he'd make it. And he was often unwilling to explain why he granted or denied summary judgment or class certification," Smith added. "He regularly thumbed his nose at the 9th Circuit and smiled while doing it. A real Dr. Jekyll and Mr. Hyde and still, a likable guy."
And today's DJ also offers Moskovitz on Appeals, Appellate Adventures, Chapter 10: "If it Ain't Clear, It Ain't There!" about how an appellate court knows nothing about any given appeal, which means that the appellant must present the story coherently and completely. This is best done by taking a vantage point of standing outside the case, viewing it as an outsider looking in.
FYI, Amended SCOTUS rules take effect today!
Daniel Karon presents Top 10 Techniques for Crafting A Dazzling Brief on Law360.