Friday, May 30, 2025

J.McKeown Speaks Up for Justice

The Recorder has 'He Was Not Crying Wolf': Speakers Amplify Roberts' Comments on 'Endangered' Rule of Law --"These current attacks on the judicial system ... are unprecedented," Senior Judge M. Margaret McKeown of the Ninth Circuit said during a Speak Up for Justice virtual rally championing the rule of law.
“Recently, the chief justice said the rule of law is endangered, and he was not crying wolf,” Senior Judge M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit said. “The rule of law has declined worldwide for the past seven years.” “We are not here to win a popularity contest, but these words do matter,” McKeown added. “Calls for impeachment” of U.S. judges and “these current attacks on the judicial system … are unprecedented.”


In honor of AAPI Heritage Month, The Appellate Project has posted How I Got Here: Journeys in Appellate Law, featuring CA Deputy SG Christopher Hu (who grew up in San Diego).

Thursday, May 29, 2025

Sanctions dodged...

The MetNews has Jurist Accuses Beverly Hills Firm of ‘Vexatious’ Litigation -- Senior Circuit Judge Pens Ninth Circuit Concurring Opinion Arguing That Plaintiff’s Attorneys, Who Missed Filing Cut-Off Date by One Day, Pursued Appeal of Denial of Relief From Dismissal of Action in Bad Faith.

In this concurrence, the Honorable Evan J. Wallach, United States Circuit Judge for the Federal Circuit, sitting by designation with the 9th Circuit wrote that he would impose appellate sanctions.

Wednesday, May 28, 2025

DJ's Top Women Lawyers 2025

The DJ has issued its Top Women Lawyers 2025 insert, and there are some familiar appellate names: Theane Evangelis, Mira Hashmall, Shane McKenzie, Cheryl A. Orr, Lisa Perrochet, and M.C. Sungalia.


Also, LACBA's Appellate Courts Section is co-sponsoring LACBA's Sip into Summer Multi-Section Mixer, tomorrow 5/29 at the Everson Royce Bar, 5:30 to 8:00. Register here.

All Districts now allow remote oral arg upon request

Apparently, following the lead of the Cal Supreme Court, all Court of Appeal districts now allow parties to elect remote oral argument without a showing of good cause. Some Districts have made this new policy express via Miscellaneous Orders (e.g., the 6th), while others have updated their Internal Operating Procedures (e.g., 4/3).

Both sides chided

In this unpub from 2/1 today, both sides are called out for incivility: 

In the trial court, as on appeal, both counsel have spent more time attacking one another than setting forth legal argument.  For example, LMF’s appellate brief accuses Guzman and her counsel of “inan[ity]” (italics omitted) and telling “blatant[] untru[ths].”  Guzman’s counsel responded by accusing LMF and its counsel of “outright lying” and “criminality . . . best described as pathological.”  “[C]ounsel would be well advised to refrain from [such] incivility in the future.”  (WasteXperts, Inc. v. Arakelian Enterprises, Inc. (2024) 103 Cal.App.5th 652, 667.)  “Ad hominem attacks and other invective detract from counsel’s legal arguments, signal inappropriate personal embroilment in the dispute, and indicate an inability to engage in the reasoned analysis the courts need and counsel’s clients deserve.”  (Ibid.

6th Dist. allows parties to choose remote argument

The Court of Appeal, Sixth Appellate District, issued a new Miscellaneous Order today, May 27, 2025. Oral argument in the Sixth District is currently being conducted in person. A party appearing for oral argument may choose to appear in person or remotely via videoconferencing through ZoomGov. Please see Miscellaneous Order 25-001 by clicking here.

MO 25-001 vacates the court's COVD-19 oral argument protocols (MO 23-001) and empowers a party appearing for oral argument to "choose to appear in person or remotely." Moreover, arguments will continue to be live-streamed and archived.

A "National" Appellate Court?

The NLJ has A National Appellate Court? Why This Law Professor is Urging Circuit-Level Reform and What it Could Look Like -- "Instead of having discrete, regional circuits where one party can dramatically outnumber the other and where litigants and district judges know with some degree of certainty who will hear their cases, the National Court would draw from all active and senior circuit judges nationwide," said professor John P. Collins Jr.:
Debate over U.S. Supreme Court reform—from term limits to a code of ethics—has raged in recent years, but less attention has been paid to the federal lower appeals courts.
In a Temple Law Review paper this month, law professor John P. Collins Jr. argues that structural change is needed at intermediate courts, too, to combat what he calls “circuit capture.” That is where a political party or president stacks a circuit with appointees handpicked for specific views and creates a supermajority on the court to advance a political agenda. His proposal? A single national intermediate court of appeals with cases heard by randomly selected panels from a roster of all 271 active and senior circuit court judges.

Tuesday, May 27, 2025

6th Cir. "Brief QC" in cm/ecf

Announcement of New Brief QC Functionality in CM/ECF

Effective Date - Monday, June 2, 2025

The Sixth Circuit Clerk's Office is pleased to announce the implementation of a new service, Brief QC, effective June 2, 2025. This innovative feature is designed to proactively identify potential non-compliance issues in appellate briefs prior to formal filing. Brief QC automatically assesses submissions for adherence to the Federal Rules of Appellate Procedure and the Local Rules of the Sixth Circuit. This functionality enables counsel to address any identified deficiencies, reducing the risk of potential dismissals or other procedural issues.

In the preceding year, the court's issuance of over 700 deficiency notices created a considerable administrative burden for the Clerk's Office and practitioners. To mitigate this, the Sixth Circuit has adopted a customized iteration of a brief quality control program originally developed by the Fifth Circuit Court of Appeals. Following a period of internal testing and validation, Brief QC is now available as a final quality assurance tool. Upon initiating a CM/ECF brief filing event and attaching the relevant document, the system will automatically initiate a review for formatting and other common errors. Upon completion of the review, should any discrepancies be detected, the "Document Check Result" screen will be displayed, detailing the noted errors. Counsel will have the option to either "Cancel" the docketing event, thereby exiting CM/ECF to facilitate necessary corrections to the brief, or to proceed with filing the brief "as is" by selecting the "Continue" option. Selecting "Cancel" will terminate the docketing process, and no record of the transaction will be entered on the docket sheet. Conversely, selecting "Continue" will finalize the brief's submission.  We encourage practitioners to utilize Brief QC to identify non-compliance issues. While acknowledging that exigent deadlines may require filing briefs with noted issues, please be aware that all submissions will still be thoroughly reviewed by court staff for full rule compliance, and issues beyond Brief QC's detection may still be identified. Therefore, even if a brief successfully passes the Brief QC review, the court retains the discretion to issue a deficiency notice and require subsequent corrections. For further information, contact: Office of the Clerk, U.S. Court of Appeals for the Sixth Circuit, 513-564-7000.

Saturday, May 24, 2025

Appellate tidbits in the NLJ

The NLJ has:

The Good, The Bad and The Ugly: A Look Back on Supreme Court Arguments This Term -- The National Law Journal reflects on the most memorable moments at the lectern during the term and which advocates stood out—for better and for worse.

Former AG Merrick Garland Returns to Arnold & Porter -- Garland is joining his old firm as a partner in its appellate and supreme court practice group.

Thursday, May 22, 2025

CAAL Fellows announced

California Academy of Appellate Lawyers Announces New Fellows

The California Academy of Appellate Lawyers is pleased to announce that it has selected four new fellows for its 2025-2026 Fellowship Program. Each year, the Fellowship Program allows up to four lawyers who are budding appellate practitioners to enhance their skills in the appellate arena through participation in Academy’s educational and social programs.

This year’s fellows are:

·       Courtney L.C. Cefali of Cefali & Cefali in San Juan Capistrano;

·       Cory D. Hernandez of Family Violence Appellate Project in Oakland;

·       Omer Ali Khan, a sole practitioner in Sacramento; and

·       Christopher G. Sanchez of the California Department of Justice in Los Angeles.

Founded in 1972, the Academy is the nation’s oldest lawyers’ organization of experienced appellate advocates dedicated to appellate practice. Our members are California lawyers with substantial appellate experience, who are elected to membership after rigorous scrutiny of their reputation, character, and appellate advocacy skills. Academy members are frequently counsel of record in the most complex and highest-impact cases before the California Supreme Court, California Courts of Appeal, and federal appellate courts.

Wednesday, May 21, 2025

NLJ on embedded appellate lawyering

NLJ has Defense-Side Appellate Lawyers See Boom in Trial Support Work

  • According to some defense attorneys, clients are increasingly bringing in appellate counsel to handle legal issues in the lead-up to and during trials.
  • The strategy is not new, but seems to have grown more common since the COVID-19 pandemic.
  • Plaintiffs lawyers are also looking at legal issues earlier, though their tactics look different from those used by the defense.

2d DCA now archives args

Second District Court of Appeal Now Archiving Oral Argument Webcasts

The Second District Court of Appeal is pleased to announce that oral argument webcasts for Los Angeles divisions will now be archived and available for public access. This enhancement to our digital services reflects our ongoing commitment to transparency and public access to court proceedings.

What This Means
Effective immediately, the public can access recordings of oral arguments held in Los Angeles divisions after their conclusion. Division Six is expected to implement archiving capabilities later this year.

How to Access Archived Webcasts
Archived webcasts will be available on the same webpage where live oral arguments are currently streamed. Users can locate past arguments by date. The archives will be accessible no later than 24 hours after the conclusion of oral arguments.

Reminder About Recording Restrictions
The Court reminds viewers that the general prohibition against photographing, recording, and rebroadcasting of court proceedings remains in effect. Media representatives must request an order from the court before recording any portion of oral argument proceedings by submitting Form MC-500 at least five court days before the proceeding, unless good cause is shown.

Tuesday, May 20, 2025

2d DCA pro tem update

The following are currently sitting on assignment in the 2d District:

Judge Kimberly A. Gaab of the Fresno County Superior Court will be sitting Pro Tem in Division Three until June 30, 2025 

Judge Kira Klatchko of the Riverside County Superior Court will be sitting Pro Tem in Division Three until July 5, 2025 

Judge Emily Garcia Uhrig of the Los Angeles County Superior Court will be sitting Pro Tem in Division Four from May 20, 2025, until July 19, 2025 

Judge Helen E. Williams of the Santa Clara County Superior Court will be sitting Pro Tem in Division Five until June 21, 2025 

Judge Martha Matthews of the Los Angeles County Superior Court will be sitting Pro Tem in Division Eight until May 31, 2025

Friday, May 16, 2025

City of L.A. appellate opening

The L.A. City Attorney's Office has an opening in its Civil Liability Appeals Division. Interested candidates can apply here.

Thursday, May 15, 2025

CJA hearing June 24

The Commission on Judicial Appointments will hold public remote hearings on June 24 starting at 1 p.m. to consider three appointments by Gov. Gavin Newsom. 

The commission will consider the following appointments:

  • 1 p.m.: Justice Helen Zukin, as presiding justice of the Second Appellate District, Division Four (Los Angeles) 

  • 2 p.m.: Judge Armen Tamzarian, as associate justice of the Second Appellate District, Division Four (Los Angeles) 

  • 3 p.m.: Judge Mark Hanasono, as associate justice of the Second Appellate District, Division Three (Los Angeles) 

The hearing will be webcast live on the California Courts Newsroom.  

Tuesday, May 13, 2025

A "close call"

Here's an unpub from 4/3 that has two points of interest. First, the court concludes that given "the specific context" of the case, the order denying an anti-SLAPP motion "without prejudice" is not appealable. Second, appellate sanctions sought by the respondent are denied, but the court says it's a "close call."

In other appellate news: Milbank, Building Out Appellate Practice, Adds DOJ Assistant Solicitor General -- Colleen Roh Sinzdak previously worked with Milbank appellate and SCOTUS practice head Neal Katyal, who joined the firm in February.

J.Bamattre-Manoukian retirement

 

PBMRetirement of Associate Justice Patricia Bamattre-Manoukian

Justice Patricia Bamattre-Manoukian retired effective April 30, 2025, after serving for more than 41 years as a judicial officer. She is most grateful to the Honorable Governor George Deukmejian for providing her with the opportunity to serve as a judicial officer. Justice Bamattre-Manoukian is very grateful to her family for their endless love and support. She is also grateful to her colleagues, research attorneys, judicial assistants, and the court staff for their collegiality, support, and excellent work over the years.

Justice Bamattre-Manoukian served as an Associate Justice on the Court of Appeal, Sixth Appellate District for more than 35 years. She participated in more than 10,300 appellate opinions, authoring over 3,800 of them.

Justice Bamattre-Manoukian previously served as a judge in the Santa Clara County Superior Court, the Santa Clara County Municipal Court, and the Orange County Municipal Court. Prior to serving as a judicial officer, she was a deputy district attorney in the Orange County District Attorney’s Office. Justice Bamattre-Manoukian has mentored many law students throughout her judicial career and has participated in law school, court, and community outreach events to educate law students, lawyers, and members of the public about the legal system and the work of the court.

Justice Bamattre-Manoukian has a Bachelor of Arts degree in political science and psychology from the University of California, Los Angeles; a Masters degree in public administration from the University of Southern California; a Juris Doctor degree from Loyola Law School, Los Angeles; and a Ph.D. in public administration from the University of Southern California.

Justice Bamattre-Manoukian is deeply grateful for her wonderful judicial career and the wonderful opportunity to have served in the judicial branch with dedicated and brilliant jurists, lawyers, law students, court staff and officers assigned to the California Highway Patrol Judicial Protection Section.

Friday, May 9, 2025

1st DCA pro tem update

The following judicial officer is assigned to temporarily fill a judicial vacancy at the First District:

Retired Justice Peter J. Siggins will be sitting pro tempore in Division Four until June 27, 2025. 


CALG expands to D.C.


Today's DJ has Elite appellate firm expands to D.C., bolsters San Francisco office -- Former U.S. Supreme Court clerk Dina Mishra joins Complex Appellate Litigation Group as its first partner in Washington D.C., marking a strategic move for the high-profile appellate boutique.

  • the firm now has 27 attorneys, five offices, and is responding to nationwide demand. The D.C. office will focus on regulatory, securities, intellectual property, and financial litigation appeals, and "whatever else develops."
  • The firm also announced two additions to its San Francisco office: Steven A. Hirsch and James Heideman. Together, they bring more than six decades of appellate experience.
  • Hirsch has litigated high-stakes appeals in both state and federal courts. He is widely recognized for his legal writing and was previously a partner at Keker, Van Nest & Peters LLP.

  • Heideman, a longtime judicial staff attorney, served Justices Carol Corrigan and William McGuiness in the California appellate courts. He played a key role in shaping thousands of appellate decisions over his career.


Bloomberg Law has Justice Sotomayor Stands in ‘Solidarity’ with Embattled ABA
A lawyer’s job is to stand up for those who can’t, Sotomayor told a group of trial attorneys at the National Museum of African American History & Culture in Washington. “Right now, we can’t lose the battles we are facing.”

RIP Justice Souter (1939-2025)

Law.com has Former U.S. Supreme Court Justice David Souter Dies at 85
"He brought uncommon wisdom and kindness to a lifetime of public service," Chief Justice John Roberts Jr. sad. "After retiring to his beloved New Hampshire in 2009, he continued to render significant service to our branch by sitting regularly on the Court of Appeals for the First Circuit for more than a decade. He will be greatly missed."

Thursday, May 8, 2025

CJ Roberts stands tall

Bloomberg Law has Chief Justice Roberts Says Judge’s Job Is Checking Other Branches

  • Roberts again denounced calls to impeach judges over decisions. “Impeachment is not how you register disagreement with decisions,” Roberts said Wednesday during an appearance in Buffalo, New York (to celebrate the 125th anniversary of WDNY). “That’s what we’re there for,” he said.
  • Roberts, 70, who was appointed to the Supreme Court 20 years ago by President George W. Bush, appears to have no plans to retire anytime soon. “I’m going out feet first,” Roberts said.

Wednesday, May 7, 2025

New Justices!

 SACRAMENTO – Governor Gavin Newsom today announced his nomination of three Court of Appeal Justices: Associate Justice Helen Zukin as Presiding Justice of the Second District Court of Appeal, Division Four, Judge Mark Hanasono as Associate Justice of the Second District Court of Appeal, Division Three, and, pending confirmation of Justice Helen Zukin to the role of Presiding Justice, Judge Armen Tamzarian as Associate Justice of the Second District Court of Appeal, Division Four. 

Second District Court of Appeal


Associate Justice Helen Zukin, of Los Angeles County, has been nominated to serve as Presiding Justice of the Second District Court of Appeal, Division Four. She has served as an Associate Justice in Division Four since 2023. She served as a Judge in the Los Angeles County Superior Court from 2018 to 2023. Justice Zukin was a partner at Kiesel Law LLP from 2006 to 2018. She worked as a Solo Practitioner at the Law Offices of Helen E. Zukin from 1995 to 2006. She was a partner at Simke, Chodos, Silberfeld & Anteau, Inc. from 1990 to 1995. Justice Zukin worked as an associate at Greene, O’Reilly, Agnew & Broillet from 1985 to 1990. Justice Zukin received a Juris Doctor degree from Loyola Law School. She fills the vacancy created by the retirement of Presiding Justice Brian Currey. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Arthur Gilbert. Justice Zukin is a Democrat.


Judge Mark Hanasono, of Los Angeles County, has been nominated to serve as an Associate Justice of the Second District Court of Appeal, Division Three. He has served as a Judge in the Los Angeles County Superior Court since 2013. Judge Hanasono served as a Deputy Alternate Public Defender at the Los Angeles County Alternate Public Defender’s Office from 2004 to 2013. He was a Deputy Public Defender at the Los Angeles County Public Defender’s Office from 2000 to 2004. He was a Judicial Law Clerk in the District of Columbia Superior Court from 1999 to 2000. Judge Hanasono received a Juris Doctor degree from Georgetown University. He fills the vacancy created by the retirement of Justice Luis A. Lavin. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Arthur Gilbert. Judge Hanasono is a Democrat.


Judge Armen Tamzarian, of Los Angeles County, has been nominated to serve as an Associate Justice of the Second District Court of Appeal, Division Four. He has served as a Judge in the Los Angeles County Superior Court since 2013. Judge Tamzarian was a lead appellate court attorney at the Second District Court of Appeal, Division Three from 2008 to 2013. He was an associate and later a partner at Case, Knowlson, Jordan & Wright LLP from 1997 to 2008. He was a research attorney at the Los Angeles Superior Court from 1996 to 1997. Judge Tamzarian received a Juris Doctor degree from Southwestern Law School. Pending her confirmation, he will fill the vacancy created by the elevation of Justice Helen Zukin to Presiding Justice. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Arthur Gilbert. Judge Tamzarian is a Democrat.

The compensation for each of these positions is $280,052.