Wednesday, November 18, 2020

Some case notes & a musical number!

Here's a nonpub that references the appellant's "poorly drafted" and "problematic" notice of appeal. Turns out the appeal from the judgment was a day late, and so gets dismissed. And the appeal from the order denying a new trial was dismissed because such orders aren't appealable. But the order denying JNOV is appealable and timely, so that gets through. But then the order is affirmed.

File under "that's helpful": And here's a nonpub decision that basically says, "no judgment means no appeal; but even if you fixed that problem and came back later on appeal from a judgment, you'd lose. So don't bother!" Will the pro per appellant get it or will he return?

See also an interesting 9th Cir. dubitante opinion noted here, which asserts "Our circuit’s immigration jurisprudence is a hot mess." (And it also references Meatloaf! See, appellate judges can be musical. Want more proof? See immediately below).

Judge Charles Eskridge wearing a top hat

Too boring? Don't miss some federal judges from Texas singing a Covid-19-related Hamilton number here! (The Hon. Charles "Tres" Eskridge III is a Hamilton musical expert, and has SoCal connections having attended Pepperdine School of Law.) [h/t Gary Ostrick]

In other news, the California Academy of Appellate Lawyers admitted two new members last month, Brian Sutherland of Reed Smith in SF and Greg Ellis of Pasadena. Congrats!