Wednesday, September 21, 2022


The latest issue of ASCDC's Verdict Magazine has an article by Conway Marshall titled From the Other Side - Surety Insight for Appeal Bonds (p. 35-36) with all you'd ever want to know and more about appeal bonds.

The Recorder's On Appeals column is Susan Yorke's When the Court Phones a Friend: Certification of Questions of State Law

In 2020, the U.S. Supreme Court issued two decisions (McKesson v. Doe, 141 S. Ct. 48, 49 (2020) (per curiam), and Carney v. Adams, 141 S. Ct. 493, 504 (2020) (Sotomayor, J. concurring)) discussing the importance of certification. And just two months ago, Justice Elena Kagan pondered during argument in U.S. v. Washington—a case involving a state law aimed at federal workers who got sick while cleaning up the Hanford nuclear site—whether certification to the Washington Supreme Court might be appropriate. Meanwhile, the U.S. Court of Appeals for the Ninth Circuit certified nearly four times as many questions between 2015 and 2019 (84) as it did between 1990 and 1994 (23).

On the caselaw front, this pub'd opinion today from Justice Richman contains many zingers and nuggets, and this nice appealability reminder:

Generally, discovery orders are not appealable. [Cite] “However, appellate courts have recognized an exception to this general rule for discovery orders issued in California requiring production of information to be used in an action pending in another jurisdiction, which orders the courts have found are final and appealable.” (Curtis v. Superior Court (2021) 62 Cal.App.5th 453, 464 ....)