Wednesday, January 24, 2024

Time to split the 9th Circuit?

Today's DJ has former CDCal Judge Robert Bonner's It's Time to Split the Ninth Circuit. He concludes: 

There are a number of possible re-configurations, but one is to split the current Ninth Circuit so that California and Alaska would become the new Ninth Circuit, and the other 11 states would form a new Twelfth Circuit. Joining Alaska with California is not as strange as it sounds. Since statehood, Alaska courts have looked to California case law as their common law. This new Ninth Circuit would proportionally have 17 of the current 29 judgeships; the new Twelfth would have 12. This is the exact number of current judges in the two circuits that were created when the old Fifth Circuit split. And that split has worked well.

Law360 has Former NC Chief Judge Picked To Direct Federal Judiciary

Judge Conrad, who is a former chief judge of the Western District of North Carolina, will take the helm of the Administrative Office of the U.S. Courts from its current director, Judge Roslynn R. Mauskopf, on March 1, U.S. Supreme Court Chief Justice John Roberts announced.

Bloomberg Law has Justices’ Latest Arbitration Case Threatens Litigation Strategy

An appellate strategy to keep employment disputes in court is in jeopardy now that the US Supreme Court is poised to decide whether federal judges can dismiss or instead must pause cases that they send to arbitration.

The justices’ recent move to review this question ultimately could resolve a split among 10 federal appellate courts, four of which allow dismissal of lawsuits when the underlying allegations are subject to mandatory arbitration. The other six appeals courts stay cases until the outcome of private dispute resolution proceedings.

The Cal. Supreme Court Historical Society will present A review of significant decisions in 2023 on February 15, noon to 1 p.m., with an introduction by Justice Groban. Register here.

Today's DJ insert Leading Commercial Litigators 2024 includes appellate lawyers Lisa Blatt, Ted Boutrous, and Theane Evangelis.