Thursday, June 1, 2023

JFK & Cal civ proc?

 

Justice Streeter digs deep in this published opinion here, which begins:

Before daily life in this country froze on November 22, 1963 at 1:38 p.m. Central Time when the tragic news from Dallas came across the airwaves—or perhaps later that day, which would confirm that our courts always remain open, even in times of crisis—a minor event of little note occurred here in California:  A First District Court of Appeal, Division One panel filed its opinion in Oliver v. Swiss Club Tell (1963) 222 Cal.App.2d 528 (Oliver).  Nearly 60 years later, the events in Dealey Plaza on the day Oliver was filed continue to reverberate through history.  This case shows that Oliver, too, is still having ripple effects, here in an obscure corner of California civil procedure.
[The DJ's story is 2 answers to what happens when litigation party doesn’t exist -- Both rulings cite an obscure, decades-old opinion that takes on a seemingly philosophical question: When litigation involves a nonexistent entity is it void ab initio?]

And "Emory Law School’s Michael Broyde says a panel of chief judges of the US circuit courts of appeal should review disputed recusal decisions made by Supreme Court justices. This approach acknowledges the significance of the whole court hearing cases, but also provides a check on justices judging themselves." See Let Judges Review Supreme Court Justices’ Recusal Decisions