Tuesday, September 25, 2018

DJ articles of note

Image result for wizard of oz man behind the curtain
"I felt like I was somehow behind
the curtain of the 'Wizard of Oz.'"
Today's DJ has an article by a high school student Justin Pfhaler, who recently completed an LASC internship. Among other lessons he learned, notes: "not all lawyers are equal. In our system, Lady Justice is not so blind when it comes to the different quality of lawyering. In many of the cases I observed, it seemed like the better lawyer would prevail, even if he or she did not have the best facts or the law perfectly on their side. The better lawyer was more thoroughly prepared, performed solid legal research, knew the facts of the case, and was able to persuasively articulate his or her case."

Of appellate note, Ben Feuer and Anna-Rose Mathieson of CALG offer Briefing in the U.S. Supreme Court Post-Kennedy. With Kennedy gone, "advocates will in many cases shift their sights to Chief Justice John Roberts, who is perceived as the most centrist of the conservative justices. The most obvious impact of this change is on attorneys representing a party, but those numbers are small overall since the court grants only around 70 certiorari petitions a year."

Image result for cobra sexual energy pills"By sheer numbers, far more attorneys will first face the court's shift to the right when filing amicus briefs. Amicus practice has ballooned in recent decades, with the number of amicus briefs nearly doubling in the last 20 years to around 800 briefs each year. At least one amicus files a brief in nearly every case the court hears, and some high-profile cases receive more than a hundred amicus briefs."
And Andrew Trask of Shook Hardy presents How Strict are Appellate Deadlines in Class Actions? about Rule 23(f) appeals from class certifications and the 9th Circuit's opinion in Lambert v. Nutraceutical Corp. (maker of the Cobra aphrodisiac dietary supplement), which "held that equitable tolling of Rule 23(f)'s deadline was appropriate," "defying the decisions of other federal Courts of Appeal[s]." SCOTUS will resolve this split this term, so stay tuned...