Advice from Fed. Cir. judges

Law360 has Fed. Circ. Talks Judge Denzel Washington, AI Susan Sarandon -- More than half of the Federal Circuit's judges were in Boston on Tuesday conducting out-of-town oral arguments, and afterward they discussed the most concerning and most promising elements of artificial intelligence, how to write a good brief, why en banc hearings are rare and which celebrities they'd love to see on a panel.

The Federal Circuit judges each stressed the need for briefing and oral arguments to be used as a way to help them, rather than to just put everything and anything out there.

• "When you narrow the issues that are in dispute, you're infinitely more credible than the person that is arguing every single thing," Chief U.S. Circuit Judge Kimberly Moore said in the fireside chat. "It makes us want to fight for you because you're being honest."
• During the full court panel, U.S. Circuit Judge Kara Stoll suggested limiting appeals to three issues.
• U.S. Circuit Judge Todd Hughes stressed the benefit of direct briefing on judges when they're doing an incredible amount of reading each week.
• "The point of the brief is to help us and tell us what we need to know to decide the case in your client's favor," he said, adding soon after that "I want to be able to sit down and read it and understand it from page one."
• U.S. Circuit Judge Leonard Stark similarly said oral arguments are not for prepared speeches, but to answer questions.
• "It's important to understand that oral argument time is the court's time," Judge Stark said. "You want us to interrupt you. You want to have that hope for some insight into what it is about your case that's bothering us and what it is we need to be persuaded to come to your side."
• "Don't fight the questions," he continued. "Don't act as if you're bothered with us interrupting you. And try your best to be in a conversation with us that together we have a problem we're trying to solve."
• Judge Moore, in her later discussion, said attorneys need to actually answer hypotheticals, even if they don't exactly align with the facts of the case.

Bloomberg Law has Willkie Taps Ex-DOJ Appellate Lawyer Ross for DC Litigation Team; Law360 has

Willkie Adds Ex-Asst. Solicitor General As Group Head

Law360 also has Calif. Court Has Change Of Heart On Juror Challenge Question -- A California state appeals court has changed its mind on its own precedent governing when prosecutors can use a peremptory challenge to dismiss a non-white juror from a case, finding a "lack of life experience" can be good reason to dismiss a juror and affirming a man's life sentence.

And NBC national news covered an AI-assisted self-represented appellate victory; story here.

“I can’t overemphasize the usefulness of AI in my case,” White said. “I never, ever, ever, ever could have won this appeal without AI.”

6th DCA takes credit cards!

The Sixth District announces: Credit Card Payments Now Accepted

The Court of Appeal, Sixth Appellate District, is pleased to announce that it now accepts credit cards as a form of payment. The Court accepts Visa, MasterCard, Discover, and American Express. Debit cards with a MasterCard or Visa logo are also accepted. For additional information regarding the various payment methods accepted by the Court, please visit: https://appellate.courts.ca.gov/district-courts/6dca/rules-forms-filing/fees

Appellate tidbits

The MetNews has Court of Appeal to Hold ‘Public Meeting’ about how the 2d District "has posted a public meeting agenda containing a single item unlikely to evoke controversy: whether a research attorney is to be kept on the job for a spell after retirement. On the agenda for Oct. 14 at 11 a.m. is a “[r]esolution to approve the appointment of Jeffrey Blackie as a retired annuitant to fill a critically needed Senior Appellate Court Attorney position within the 180-day period after retirement, as authorized by Government Code sections 7522.56(f)(1) and 21224(a).”"

Yesterday's DJ had PJ Gilbert's column titled I.A. invidious alternative -- A.I. sparks both alarm and utility ... raising questions about clarity, judgment and how future lawyers will use it.

Today's DJ has the monthly installment of Exceptionally Appealing, titled Not taking it to the Max, about "the 1940 rejection of eminent scholar Max Radin by the Commission on Judicial Qualifications" marking "an unprecedented and politically charged failure to confirm a gubernatorial nominee."

See also Law.com's Willkie Hires Former Assistant Solicitor General to Lead Appellate Group -- Erica Ross, a former assistant to the U.S. solicitor general from 2017 through earlier this year, has joined Willkie Farr & Gallagher as a partner and will head up the firm’s appeals and strategic motions practice, the firm said Tuesday.

And see here, where appellate sanctions are not imposed on a pro per.

Trailblazer award to J.Bumatay

The DJ has Filipino American lawyers honor trailblazers, mark 60 years since 1965 immigration reforms -- The Filipino American Lawyers of Orange County gathered at the Irvine Marriott for their eighth annual gala on Friday, an evening that blended ceremony with reflection.

The Trailblazer Award went to Judge Patrick J. Bumatay, the first Filipino American appointed to the 9th U.S. Circuit Court of Appeals. "The Declaration of Independence is more than a founding document--it's a statement of shared values," he told the crowd. "The promise that all are created equal, endowed with the same rights, is what allowed families like mine to build a future here." He spoke about his grandfather, who arrived in the United States in the 1920s to work as a farm laborer, and about his parents, both doctors who immigrated in the 1970s. "The American dream struck my family three times," he said. "It's not perfection we inherit-- it's possibility. And every generation has to protect it."

1st Monday is coming...

Law.com has An Unrested Supreme Court Begins Contentious New Term -- A stream of divisive Trump cases kept the justices busy during the summer recess. On Monday, the court reconvenes for the start of its October 2025 term to tackle fundamental questions about presidential power, voting rights and the First Amendment.

The U.S. Supreme Court’s October 2025 term begins Monday, with the justices set to confront key questions about presidential power, LGBTQ rights, the Voting Rights Act and more.
Over the next nine months, the nation’s nine most powerful judges will spend their days debating these questions at oral arguments, behind closed doors at their private conferences and eventually in written opinions that will become the law of the land.

More AI sanctions in CA

4/1 publishes People v. Alvarez and sanctions appellate counsel $1500 for failing to verify cases provided by AI. One citation was for a quote that does not exist in the cited case; one cited case did not exist at all; and two cases did not address issues for which they were cited.  

Joan Dempsey Klein added to Wall of Fame

The MetNews reports that the late Justice Joan Dempsey Klein (1924-2020) has been added to the Criminal Justice Wall of Fame at the Clara Shortridge Foltz Criminal Justice Center. See Joan Dempsey Klein: She Was a Leader, a Trailblazer, an Inspiration

SCOCA year in review

The Judicial Council has posted Year in Review: California Supreme Court -- Highlights and key statistics from the 2024–2025 court year:

• The court heard oral argument in all three of its traditional courtrooms—sitting in Sacramento for the first time since 2020—and conducted a special oral argument session in Fresno.
• The court heard oral argument in 52 cases and issued 45 written majority opinions during the September 2024–August 2025 court year
• The court received 6,003 filings, including 3,542 petitions for review, and resolved 5,844 filings, including 3,379 petitions for review.

On the federal side, see Chief Justice Names Conference Committee Chairs

And Bloomberg Law has Word-Limit Snag Means Curtain Seller Can’t Shed Patent Loss -- An appellate legal team’s violation of a word-limit rule leaves its client, a seller of hookless shower curtains, liable for patent infringement damages, the Federal Circuit ruled, even as the court wiped out liability for a fellow defendant who sold a nearly identical product.

Writing tips & Shutdown news

Law360 has James Argionis's article Junior Attys Must Beware Of 5 Common Legal Brief Mistakes -- The 5 no-nos are: Including every possible argument; Not developing a theme; Being lazy with headings and subheadings; Not catching typos; and Not understanding that less is more.

Law360 also has 7th Circ. Urges Litigants To Exercise Caution In Using AI -- A Seventh Circuit panel warned that relying blindly on generative AI when writing court papers can lead to serious mistakes. The case is U.S. v. Luciano, 7th Cir. No. 24-1251:

As a final note, we were unable to find some of the cases Luciano cited in his Rule 51(b) response. Whether these errors were the result of mistaken transcription or the use of generative AI, we encourage all litigants to carefully review their submissions before filing in this court.

See also from U.S. Courts: Judiciary Still Operating as Shutdown Starts -- Despite a federal government shutdown that began on Oct. 1, the Judiciary remains open and will continue paid operations through Friday, Oct. 17, by using court fee balances and other funds not dependent on a new appropriation.

And see the 9th Circuit's Supplemental Administrative Order

2/2's J.Ashmann-Gerst retires

2/2's Justice Ashmann-Gerst's profile has moved from the Justices page to the Former Justices page, indicating she served from 2001 to 2025. Official announcement here.

[10/3 update: The MetNews has Court of Appeal Justice Ashmann-Gerst Retires: The Court of Appeal said in a statement:

“The Second Appellate District extends its deepest gratitude to Justice Ashmann-Gerst for her decades of service to the California judiciary. Her commitment to justice, her leadership in judicial education and court technology, and her dedication to mentoring the next generation of legal professionals have left an indelible mark on California’s legal system. Her thoughtful opinions, her mastery of both criminal and civil law, and her unwavering dedication to the rule of law have earned her the respect and admiration of her colleagues, the bar, and the community.”]

Update: Retired Justice Ashmann-Gerst joins Signature Resolution. 

9th Cir. Order re Govt. Shutdown

ORDER REGARDING COURT OPERATION DURING A LAPSE IN APPROPRIATION OR ABSENCE OF CONTINUING RESOLUTION

BEFORE: Murguia, Chief Judge

The Court of Appeals has a constitutional duty to continue to hear and resolve cases, even during a period of government shutdown. To perform that duty, which includes the performance of functions necessary and essential to the continued resolution of cases, judges rely on their chambers staff, as well as the officers and employees of the Court.  Therefore, consistent with national directives, if appropriations for the current fiscal year are not continued or funded prior to the beginning of fiscal year 2026, all staff, officers, and employees of the Court of Appeals, Office of the Circuit Executive, and Ninth Circuit Libraries are ordered to report to work during their normally scheduled hours until further notice. The Court will continue to evaluate the fiscal situation and will adjust this directive as required. 

2d District pro tem update

Here's the latest pro tem assignment update from the 2d District:

• Judge Stephen Goorvitch of the Los Angeles County Superior Court will be sitting Pro Tem in Division Two until October 31, 2025

• Judge Craig B. Van Rooyen of the San Luis Obispo County Superior Court will be sitting Pro Tem in Division Four until November 24, 2025

• Judge Sunjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five until October 17, 2025

• Justice Laurence D. Rubin (Retired) of the Second District Court of Appeal will be sitting Pro Tem in Division Eight until October 31, 2025

• Judge Jessica Uzcategui of the Los Angeles County Superior Court will be sitting Pro Tem in Division Eight until November 14, 2025

Katyal on building an appellate practice

ATL has The Rainmaker: What 20 Years In Supreme Court Practice Have Taught Me -- Neal Katyal looks back on his career, sharing how collaboration, improv, and listening reshaped his approach to leadership and advocacy.

The legal market is full of brilliant lawyers. What’s scarce is brilliant lawyers who other brilliant lawyers want to work with.

$13K in appellate sanctions

In this unpub from 4/1, the court imposes $13K in sanctions for a frivolous appeal:

In this appeal from the subsequent fees order, plaintiffs make no genuine challenge to the fees order itself and instead seek to relitigate the validity of the underlying anti-SLAPP ruling and the merits of their prior appeal. We conclude that this appeal is frivolous. Accordingly, we affirm the fees order and impose sanctions against appellants’ counsel ....

Defendants have not requested an award of sanctions payable to them, but we will impose sanctions payable to the clerk of this court to compensate the state for the cost to the taxpayers of processing a frivolous appeal. (In re Marriage of Gong & Kwong (2008) 163 Cal.App.4th 510, 520.) A cost analysis undertaken by the clerk’s office for the Second District estimated that the cost of processing an appeal resulting in an opinion was approximately $8,500 in 2008, while another calculation made in 1992 gave a conservative estimate of $5,900 to $6,000. (Ibid.) According to the United States Bureau of Labor Statistics inflation calculator, these figures are equivalent to approximately $13,000 in today’s dollars.

The MetNews has C.A. Imposes Sanctions for Relitigating Merits on Fee Appeal -- In Case Where Plaintiff Was Ordered to Pay Costs After Challenge to School Mask Mandate Was Declared SLAPP, Opinion Says Counsel Pursued Appeal for Improper Purpose Where Barely Addressed Reasonableness of Award

On the federal side, the 9th Circuit publishes an opinion here about the collateral order doctrine:

The panel dismissed for lack of jurisdiction interlocutory appeals ...., holding that the district court’s denial of [appellant's] good-faith defense to 42 U.S.C. § 1983 liability was not immediately appealable under the collateral order doctrine.

See Prof. Martin's take here.

DJ profiles J.Mesiwala

Today's DJ has Shama Mesiwala charted unlikely path to appellate bench -- Judge Mesiwala, a former appellate court research attorney, spent 13 years toiling behind the scenes on the court where she is now a justice.

Shama H. Mesiwala made the most of a dead-end job. When she became a justice of the 3rd District Court of Appeal, several news outlets noted she was the first South Asian and Muslim American woman on any appellate court in the United States. But during a recent interview in her office looking out on the California State Capitol, she highlighted a different kind of judicial diversity. Recent governors have made a point of naming judges from specialties that have not traditionally been a fast track to the bench, especially public defenders, and family law attorneys. But Mesiwala comes from another neglected specialty: appellate court research attorneys. She spent 13 years toiling behind the scenes on the court where she is now a justice.

9th Cir.: The appeals must go on!

The Ninth Circuit announces: In the event of a lapse in appropriations for FY 2026, absent an order to the contrary, arguments scheduled for the week of October 6-10, 2025, will go on as scheduled.

The NLJ has Federal Judiciary Prepares for Potential Government Shutdown -- In the event of a shutdown, the Administrative Office of the U.S. Courts said judiciary operations would continue for at least a week using certain balances.

• The Boston-based U.S. Court of Appeals for the First Circuit said all cases set for oral argument from Oct. 6 to 9 would go forward as scheduled.
• Fifth Circuit Court Clerk Lyle Cayce stated in an email to the National Law Journal that currently calendared cases will go forward as scheduled. There are sittings set for Oct. 6, 7, 8 and 10. However, Cayce said the New Orleans-based court would consider any request from parties to postpone arguments due to a shutdown.

Law360 has Fed. Courts To Operate If Shutdown Hits, But Limits Are Possible

The federal government's funding for fiscal year 2025 runs out at midnight Tuesday, and as of late afternoon Monday, Congress has made no agreement for extending it.
A spokesperson for the Administrative Office of the U.S. Courts told Law360 on Monday that if there is a shutdown, all judiciary employees will come to work Wednesday, and court operations will continue using court fees and other balances available until Friday.

The U.S. Supreme Court starts its new term on Monday, and a spokesperson for the court told Law360 in a statement on Monday that if there is a shutdown, the court will continue its normal activities. "The court will rely on permanent funds not subject to annual approval, as it has in the past, to maintain operations through the duration of short-term lapses of annual appropriations," the spokesperson said.

J.Thomas on stare decisis

The NLJ has Justice Thomas on Precedent: ‘If [It’s] Totally Stupid ... You Don’t Go Along With It’ -- Sparing the usual litany of "stare decisis" factors, Justice Clarence Thomas offered a simple formula for the amount of deferential weight he gives a precedent of the U.S. Supreme Court: how much he agrees with it.

Thomas likened the court’s reliance on precedent to adding cars on the back of a long train without question. “We never go to the front to see where it’s going,” he said. “You could go up to the engine room and find that it’s an orangutan driving. And you’re going to follow that? I think we owe our fellow citizens more than that.”

Law360 has Justice Thomas Says High Court Precedent Isn't 'Gospel'

U.S. Supreme Court Justice Clarence Thomas said Thursday that he doesn't view the high court's prior rulings as "the gospel," and that any precedent that doesn't respect the U.S. Constitution or the country's legal traditions is ripe for reconsideration.

 

Brief with AI errors pending in COA

The Recorder has AI-Generated Citation Errors Prompt Investigation in Boies Schiller Case Against Church of Scientology

In a July response brief in the California Court of Appeal, Second Appellate District, Los Angeles-based partner John Kucera used case citations that appear to have been AI-generated, opposing counsel from Horvitz & Levy and Winston & Strawn called out in a reply brief earlier this month.

Law360 has Boies Schiller Partner Admits AI Errors In Scientology Case

See also here and here and here. ABAJ has Citation errors and hallucinated case turn up in Boies Schiller brief in 'artificial-intelligence debacle'

Follow the docket here.

And if fake citations are bad, what about fake evidence? See in the Recorder: Alameda County Judge Says Plaintiff Used AI-Generated Fake Evidence, Tosses Case -- The sanction "serves the appropriate deterrent effect of showing the public that the Court has zero tolerance with attempting to pass deepfakes as evidence," Superior Court Judge Victoria Kolakowski wrote.

A Judicial Council of California task force is looking at the issue of AI-generated evidence. Additionally, lawmakers sent a bill to Gov. Gavin Newsom this month that would require the Judicial Council by 2027 to develop any "necessary" rules to help judges assess whether evidence has been generated or manipulated by AI and whether it should be admissible.

Law360 has Hagens Berman Not Very Contrite About AI Errors, Judge Says

CA courts closed on Friday

At the Lectern blog helpfully reminds us that California courts will be closed on Friday for Native American Day.

SCAN's law review awards!

The SCAN award for best law review article (2024-2025) for federal appellate practice goes to ...

• Bryan Lammon, Manufactured Finality, 69:2 Villanova Law Review 271 (2024)

And for best article for California appellate practice, the award goes to ...

• Michael Shipley, Horizontal Stare Decisis in the California Courts of Appeal: Law, History, and Reform (2025) 59 U.S.F. Law Review 291 (2025)