|"I felt like I was somehow behind|
the curtain of the 'Wizard of Oz.'"
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."
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...