In today's DJ Appellate Zealots column, Charles Kagay writes about the 9th Circuit opinion in Kaffaga v. Estate of Steinbeck, in Litigation is just stuff people do, and concludes:
what sometimes works in literature does not necessarily work in appellate advocacy. John Steinbeck was never really known for plot twists or unexpected endings. But here the court went out of its way to remind us that the surprise ending is one literary device that is anathema to appellate courts. Inasmuch as one defendant escaped from punitive damages due to inadequate proof of her net worth, the others argued hopefully for the same relief. The court allowed that the argument "may have had legs had it been properly raised in the opening brief." But it reminded them that an argument is forfeited if raised for the first time in a reply brief.Also of note Chief Justice Appoints New Members to Power of Democracy Steering Committee, including 2/3's Justice Halim Dhanidina. Reappointed members include 4/1's APJ McConnell, 9th Circuit Judge Connie Callahan, 3d DCA Justice Andrea Hoch and Sara Spero (an attorney at the Supreme Court).
As for appellate law, this case here may set a record in terms of the number of nonappealable orders the (vexatious) appellant attempted to appeal (at least 4).