Friday, August 4, 2023

Order v. Document

This Ninth Circuit opinion says 'don't conflate an order with a document.'  "An “order” refers to a “written direction or command,” not to the document in which that “direction or command” is “delivered by a court or judge” to the parties." Thus, just because a single document denies arbitration (an appealable order) and also denies a motion a dismiss (not immediately appealable), the appealability of the arbitration issue doesn't encompass or allow an appeal on the motion to dismiss.

Courts frequently issue multiple orders in the same document, particularly when a party request multiple forms of relief at the same time, as PeopleConnect did here. And it is also common for a district court to label such a document a singular “order,” as the district court did here.  But we may “look behind the district court’s characterization” of its order to determine whether we have appellate jurisdiction to review it.

This all seems fairly commonsensical. Yet the parties do not cite, and we were unable to find, a published opinion from our Circuit expressly explaining this obvious principle. ... We now make explicit what was implied in Blair—two orders do not become one “order” for the purpose of § 16(a) solely by virtue of the fact that they appear in the same document.

Bloomberg Law has:

US Supreme Court Justices Are ‘Not Imperial,’ Kagan Says

Congress has some powers over the US Supreme Court but lawmakers can’t do anything they want when it comes to regulating it, Justice Elena Kagan said. ... In an appearance at the Ninth Circuit Judicial Conference in Portland, Oregon, on Thursday, Kagan weighed in on the controversy fueled by reports of alleged ethics shortfalls by justices on both sides of the ideological divide, especially Clarence Thomas.
“If you think that Justice Kagan and Justice Sotomayor are identical judges with identical methodologies, reaching identical outcomes on the basis of identical approaches to the law,” Kagan told attendees of the US Court of Appeals for the Ninth Circuit conference, you should think something different.

 Law360 reports: Judge Newman Should Be Suspended For 1 Year, Panel Says

A Federal Circuit panel investigating claims that 96-year-old Judge Pauline Newman is not mentally fit to remain on the bench has recommended that she be suspended from hearing all cases for one year for not cooperating with the probe.
The registration deadline for this year's Seventh Circuit Judicial Conference is August 15. Please join us at the Grand Geneva Resort in Lake Geneva, Wisconsin from August 27 to 29. You may register and learn more about the conference by clicking here: