- we find that Appellants’ opening brief represents a material failure to comply with our rules, we strike the brief in its entirety pursuant to Ninth Circuit Rule 28–1 and dismiss this appeal.
- To fairly consider cases on appeal, we require parties to present reliable and understandable support for their claims.
- We have discretion to dismiss appeals because of deficiencies in the briefs.
- Appellants filed an opening brief replete with misrepresentations and fabricated case law.
- Appellants also misrepresent the facts and holdings of numerous other cases cited in the brief.
- Appellants not only materially misrepresent the facts and holdings of the cases they cite in the brief, but they also cite two cases that do not appear to exist.
- In light of the magnitude of Appellants’ citations to apparently fabricated cases, we issued a focus order before argument directing counsel to be prepared to discuss these cases. Counsel was also directly asked about these cases during oral argument. Counsel, however, did not acknowledge the fabrications. Nor did counsel provide any other meaningful support for Appellants’ claims.
See Bloomberg Law's story Civil Rights Appeal Dismissed for Citing ‘Fabricated Cases’
The MetNews has Ninth Circuit Dumps Appeal Based on Lawyer’s Duplicity --Opinion Says Attorney Misrepresented Holdings, Apparently Cited Two Nonexistent Cases (This article cites two CA Court of Appeal decisions dismissing appeals by this same lawyer.) And see here for Prof. Martin's take. The DJ's 3/26/24 story is Attorney submitted brief with made-up case law, 9th Circuit says.
Bloomberg Law also has Rare All-Female Lineup to Argue Supreme Court Abortion Pill Case
- Men vastly outnumber women at high court lectern
- Number of female advocates unusually high this term
- All three advocates arguing one of the term’s most closely watched cases over the availability of the abortion drug mifepristone are women, a rare occurrence at the US Supreme Court where male attorneys vastly outnumber their female counterparts.
And, the LA City Attorney has an opening for an experienced civil appellate attorney here.
Posts
