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Law360 reports Fed. Circ.’s New COVID Rules Let More Attend Arguments: The Federal Circuit has revised its COVID-19 protocols to increase the number of people allowed at in-person arguments, about a week after the Washington, D.C., appellate court expanded the kinds of testing it would accept from lawyers who plan to argue in person. These revisions increase the number of permitted attendees at argument to allow counsel to bring up to two additional attendees…
Statement from California Supreme Court Clerk Jorge Navarrete — Chief Justice Tani G. Cantil-Sakauye has tested positive for COVID-19 and is exhibiting mild symptoms. The Recorder’s story, Chief Justice Tani Cantil-Sakauye Tests Positive for COVID-19, states “Associate Justice Martin Jenkins will serve as acting chief justice on Tuesday based on a scheduled rotation” and “The number of COVID-19 cases in California has been rising in recent weeks. The testing positivity rate increased to 8.3%…
Law.com has Public Approval of SCOTUS Nose Dives After Leaked Draft Abortion Opinion — The latest Marquette Law School national survey showed the court’s approval rating dropped to 44% with 55% of those surveyed disapproving of the way in which justices are handling their jobs. BloombergLaw has Off-the-Clock Questioning Made Supreme Court Arguments Longer The court heard arguments in 61 cases this term and sessions went well over scheduled time in hot-button disputes on abortion and…
2DCA Protocols for In-Person Oral Argument The Second Appellate District’s Division Two will hear oral arguments in the courtroom on May 19, 2022. Access to the courtroom will be limited to the Justices, essential court staff, and counsel in the cases scheduled. Due to concerns for the health and safety of the public and court employees, the courtroom will not be open to the public. The court will provide a live video feed of the…
Friday June 10, 2022 @ 9:00am to 4:00pmBroadcast live from the California Supreme Court conference center.Click here to register! The California Constitution Center presents its conference on the California Supreme Court, in partnership with: Institute of Governmental Studies, Citrin Center, Bar Association of San Francisco, Alameda County Bar Association, California Academy of Appellate Lawyers, Hastings Law Journal, Santa Clara Law Review, UC Davis Law Review, San Diego Law Review, and California Law Review. This free…
Second District Court of Appeal to resume in‑person arguments effective May 2022This announcement rescinds the Administrative Presiding Justice’s March 16, 2020, order suspending in‑person oral arguments. The Second District Court of Appeal, is resuming in‑person arguments consistent with updated state and local public health guidance. Face coverings in the courtroom will be required for all visitors regardless of vaccination status. Those who are fully vaccinated may remove their masks only while presenting oral argument. Division…
Today’s DJ has Passim, and its abolition, by 4/2’s Justice Raphael, replete with many noteworthy items, sparked by SCOTUS’s proposed rule change to “cancel passim.” He writes: The use of passim is generally a matter of convention, rather than court rule. California Rule of Court 8.204 requires a table of authorities but prescribes no specifics. The California Style Manual does not address passim, other than declare it among the terms that should be italicized. Federal…
Law360 has Blown Deadline Shouldn’t Doom Virus Suit, Attys Tell 9th Circ. — “Counsel for California eatery the French Laundry asked the Ninth Circuit on Tuesday to reconsider the dismissal of its appeal after it missed a deadline to file the opening brief in its COVID-19 coverage suit against” its insurance company. See the motion. In further restaurant appellate news on Law360: Ariz. Court Says Restaurant Must Face Dog-Bite Suit —“A Phoenix restaurant can’t…
Last week the SDCBA Appellate Practice Section held its annual State of the Appellate Courts event, with remarks from PJ McConnell and 9th Circuit Judge McKeown. This was probably San Diego’s first major in-person appellate event since the pandemic. Items of note: Since the pandemic, the administrative presiding justices for each district (Justice McConnell is the APJ for the 4th) have met regularly to “discuss numbers,” including transfer of cases as needed depending on backlogs.…