The following judge is currently sitting on assignment with the 5th District: Judge Gregory T. Fain of the Fresno County Superior Court will be sitting pro tempore until July 31, 2025.
And here's a 4/1 pub'd opinion on PAGA-death knell-appealability.
Bloomberg Law has US Supreme Court Argument Dispute Turns Unusually Hostile and Advocate Hits Supreme Court Argument Trifecta in Just Months
"You believe that Mr. Martinez and the solicitor general are lying? Is that your accusation?" Justice Gorsuch asked, referring to Nicole F. Reaves of the U.S. Solicitor General's Office, who had argued for the federal government as amicus in favor of Ava before Blatt took the podium. "At oral argument, yes, absolutely," Blatt said. Justice Gorsuch chided Blatt, telling her to "be more careful" with her words. Blatt retorted that "they should be more careful" in "mischaracterizing a position by an experienced advocate of the Supreme Court, with all due respect."
The following are currently sitting on assignment in the 2d District:
• Judge Nicholas F. Daum of the Los Angeles County Superior Court will be sitting Pro Tem in Division Four until May 20, 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 Michael P. Pulos of the San Diego County Superior Court will be sitting Pro Tem in Division Seven until April 30, 2025
Law360 has SCOTUSblog Sold Amid Goldstein's Criminal Case
SCOTUSblog has been sold to digital media company The Dispatch, according to announcements from both publications Wednesday, marking a new chapter for the U.S. Supreme Court-focused legal publication while its co-founder Tom Goldstein faces criminal charges.
SCOTUSblog will still be free to readers, and its already published content will continue to be governed by a Creative Commons license that allows for noncommercial use. But future content will now fall under The Dispatch's copyright, according to the announcements.
And 'Minute Entry' Isn't A Real Judicial Order, 2nd Circ. Told
A Second Circuit panel on Wednesday seemed skeptical of a plastic resin producer's claim that a Connecticut federal district judge's oral ruling and follow-up minute entry weren't formal orders triggering a deadline to appeal several contract dispute losses totaling $1.7 million.
See also Judges Bring Oral Arguments to Law School Campuses, highlighting the 9th Circuit's sitting at USD Law School.
"Sitting at law schools gives the students a chance to see the court up close and personal,” said Judge M. Margaret McKeown, of the U.S. Court of Appeals for the Ninth Circuit, who recently participated in oral arguments at University of San Diego School of Law. “We follow the arguments with a lively question and answer session and then a lunch with the students. What better way to spend our time than with the next generation of lawyers?”
The LACBA State Appellate Judicial Evaluation Committee (SAJEC) is evaluating Los Angeles Superior Court judge Christopher Lui for possible appointment to the Court of Appeal. If you have input, please complete the questionnaire linked below. Elaborations in the comments fields are especially helpful. To provide input beyond the questionnaire, contact committee chair Alana Rotter at arotter@gmsr.com. SAJEC appreciates your help!
And also: Justices Likely to Ease Appellate Rules for Pro Se Litigants, about Parrish v. United States, U.S., No. 24-275, argued today 4/21/25:
The US Supreme Court appeared likely to relax requirements for litigants seeking an appeal after missing a formal deadline to do so, particularly for those representing themselves.
Law360 has Justices Sympathetic To Inmate Who 'Messed Up' Appeal
Law360 has Solicitor General's Office Now Features Two Top Lieutenants
Mere days after the U.S. Solicitor General's Office got a new leader, it also got a new leadership structure featuring two BigLaw alums in the traditional second-in-command post, according to a hearing list the U.S. Supreme Court released Thursday. The high court's list shows that newly confirmed Solicitor General D. John Sauer is presiding over a distinctive hierarchy with two principal deputy solicitors general — Hashim "Hash" M. Mooppan, who just left Jones Day, and Sarah M. Harris, who decamped from Williams & Connolly LLP in January and held down the fort as acting U.S. solicitor general before Sauer's confirmation. In recent history, the principal deputy title has typically been held by one person at a time
CLA's Litigation Section Committee on Appellate Courts presents
Special low price! 1.5 Hours MCLE; 1.5 Legal Specialization in Appellate Law; 1.5 Technology in The Practice of Law
Join us for the MCLE program, Navigating Appellate E-Filing: From Errors to Excellence, where we tackle the most common e-filing errors that can derail your case. Our panelists Eva McClintock, Clerk/Executive Officer, Second District Court of Appeal; Beth Robbins Assistant Clerk/Executive Officer, First District Court of Appeal; Jennifer Hansen, California Appellate Project; and Julia C. Shear Kushner, Law Office of Leslie Ellen Shear, will provide practical tips and solutions to streamline your appellate e-filing process, ensuring compliance and efficiency.
Whether you’re new to appellate practice or need a refresher, this session is essential for mastering the complexities of electronic filing. Don’t let avoidable mistakes hold you back—register today!
Non-Member Price: $35.00
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The following are currently sitting on assignment in the 2d District:
• Judge Nicholas F. Daum of the Los Angeles County Superior Court will be sitting Pro Tem in Division Four until May 20, 2025
• Judge Helen E. Williams of the Santa Clara County Superior Court will be sitting Pro Tem in Division Five until April 21, 2025
• Judge Michael P. Pulos of the San Diego County Superior Court will be sitting Pro Tem in Division Seven until April 30, 2025
Today's DJ has retired judge Laura Halgren's Let the sunshine in: a bipartisan push for transparency in federal courts -- "The Sunshine in the Courtroom Act and related bills aim to increase public understanding and trust in the federal judiciary by allowing media coverage of court proceedings, balancing the need for transparency with the protection of due process and privacy rights." She concludes:
It is difficult to imagine many cases where the broadcasting of appellate arguments would not be appropriate. The Second and Ninth Circuits currently record oral arguments and post them after the fact. They also will entertain media applications to record or broadcast proceedings. If all appellate hearings, including those of the U.S. Supreme Court, were recorded and broadcast, certainly the public would better understand the array of rulings we read about every day. Allowing cameras in the courtroom will shine the light on the federal courts, thereby increasing public awareness and confidence in the judiciary. Let us hope this bipartisan effort succeeds.
Today's Recorder has Court Reporters Push Fight Over Electronic Recording Into Legislature -- The union representing many of California's court-employed shorthand reporters is sponsoring legislation that would allow more electronic recording of certain case types but only if certain conditions are met.
The union representing many court-employed stenographers is sponsoring AB 882, which would temporarily allow limited electronic recording in courtrooms. On its face, the legislation would seem to give court leaders at least some of what they want: the ability to record family law, probate and civil contempt proceedings when no certified shorthand reporter is available.
Law.com has Trump-Appointed Judges More Likely to Pen 'Dissentals' Than Colleagues, Study Finds -- “What we have seen in recent years are examples that make the news headlines of the destructive sort of separate opinion, one that's not actually meant to reason to the right answer, but is written for another reason: to audition or to make waves or to attract the attention of groupies,” said William & Mary Law School professor Allison Orr Larsen.
What kind of advice do you find yourself often giving lawyers on how to persuade an appellate panel?
The biggest piece of advice is be thoroughly honest and forthcoming and engage in the dialogue with the court with integrity, so you get a reputation for being an advocate who will play it straight. Tell the truth about what the facts are and what the precedents are, even as you’re arguing for your client’s particular interest based on those facts and precedents. If a person does that, they’ll be effective. They may not win in any particular case—because the facts or law or both may be against them—but they’re going to be a professional that people respect and turn to.
Chief Justice Statement on the Passing of Former Supreme Court Justice Joseph Grodin
Justice Joseph R. Grodin was a brilliant jurist whose contributions to California’s legal system—as a labor lawyer, Supreme Court justice, and professor—continue to resonate. Throughout his distinguished career, he exemplified a dedication to justice, fairness, and the rule of law. His thoughtful opinions and commitment to civil rights shaped the landscape of our state’s jurisprudence. As we mourn his passing, we honor his enduring legacy and the profound impact he had on our judiciary.
At the Lectern has Former Justice Grodin Dies and this. And see Remebering Supreme Court Justice and UC Law SF Professor Joseph R. Grodin.
[4/8/25 update: The Recorder has Former California Supreme Court Justice Joseph Grodin Dead at 94 --
Grodin, an Oakland native, spent decades shaping labor and employment law and teaching new lawyers.]
The First, Fifth, and Federal circuits are looking into possible uses of AI. For example, the Fifth Circuit is testing whether AI can make initial evaluations on motions for extensions of time or determine whether a party filed an appeal in time for it to be considered. Jarrett Perlow, the Federal Circuit’s clerk, also suggested an AI platform could generate a report on court statistics in seconds while it might take a court staffer hours to produce the same work.
Today's DJ has PJ Gilbert's column, April, not the 'cruellest' month -- A reflection on the impact of change, forgotten contributions of influential jurists (i.e., California's two great Chief Justices Phil Gibson and Roger Traynor), and the importance of clarity in legal opinions, framed by a nostalgic look at California's legal history and personal anecdotes.
New York Court Rejects Litigant's AI Avatar During Oral Argument
The
self-represented appellant, Dewald, later apologized to the court, explaining
he used a San Francisco tech company's product because he thought the avatar
"would be able to deliver the presentation without his own usual mumbling,
stumbling and tripping over words." Dewald admitted to the AP: "The
court was really upset about it. They chewed me up pretty good."
This
case highlights an important reminder for appellate advocates: technology may
enhance our practice, but authenticity and transparency remain paramount in
appellate advocacy.
Posted
by James Mixon (SCAN)
Labels:
Technology, Ethics, Oral Argument, Artificial Intelligence
Bloomberg Law has Trump Lawyer Dean John Sauer Confirmed as Solicitor General -- Sauer is a former federal prosecutor and Missouri solicitor general who successfully argued at the Supreme Court last year on behalf of Donald Trump in his bid for immunity from criminal prosecution related to the Jan. 6, 2021, riot at the US Capitol. ... The former Antonin Scalia clerk raised eyebrows in two unusual Supreme Court filings on behalf of Trump before he retook office in January.
In other news of SoCal appellatey events:
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