Wednesday, December 30, 2020

"Lapse in Professionalism"

See fn. 1 here for the court's response to a rant representing a "lapse in professoinalism."

And in this opinion here (Langere) the 9th Cir. explains why an appellant cannot create appellate jurisdiction by dismissing (with prejudice) claims that were ordered to arbitration:

After being compelled to arbitrate by court order, can a plaintiff avoid arbitration and manufacture appellate jurisdiction simply by voluntarily dismissing his claims with prejudice? We’ve previously answered that question in the affirmative. See Omstead v. Dell, Inc., 594 F.3d 1081 (9th Cir. 2010). But a later decision of the Supreme Court has forced us to reconsider. See Microsoft Corp. v. Baker, 137 S. Ct. 1702 (2017). After finding that our previous approach is clearly irreconcilable with that outlined by the Court, we change our answer.

And here's one from 4/2 about criminal appellate jurisdiction and overburdened courts.