Thursday, March 4, 2021

Odds & Ends

  • Rutter's Employment Litigation 2021 program (March 8-12) will feature a keynote conversation between Cal Supreme Court Justice Ming Chin (ret.) and Justice Marty Jenkins. The program chair is Justice Wiseman (ret.) and other speakers will include Justices Edmon and Jackson. Oh, and
    Dean Chemersinky is also speaking. That's pretty appellatey!
  • We know from Auto Equity Sales that "Decisions of every division of the District Courts of Appeal are binding upon all the ... superior courts of the state." But is a summary denial of a petition for writ of supersedeas such a "decision"? This published opinion from 2/6 tees up that question, but doesn't seem to really answer it.
  • On the appellate sanctions front, see Sixth Circuit Orders Attorney Who Sued Judges to Show Cause or Face Sanctions on The Volokh Conspiracy. We often wonder, what will push an appellate court over the hurdle of imposing sanctions? In the Sixth Circuit, it appears that suing state appellate judges in federal court does the trick. Judges understandably don't like to see their robed kin being attacked.