Our regular roundup of noteworthy appellate decisions and legal news includes these stories:
⚠Did a Covid-era jury cut short its deliberations (to just one hour) because it wanted to get out of the cramped jury room? Plaintiff thought so, but did not make a record of having raised a timely objection. Held: Objection forfeited.
⚠Did the failure to raise an affirmative defense in a joint pretrial order forfeit that defense? The 9th Circuit held it did, but Judge Bumatay thought it was raised indirectly and the lack of a more explicit assertion did not prejudice the plaintiff.
🤚Suit against Maxine Waters for falsely saying her opponent was “dishonorably discharged” may go forward: evidence that Waters was shown a military document refuting her charge, and Waters’ failure to conduct any other investigation, supported plaintiff’s showing of actual malice for purposes of defeating the anti-SLAPP motion.
📃Record defect resulted in California Court of Appeal resulted in affirmative via a rare “memorandum decision.”
✉60-day deadline to appeal is not triggered by file-stamped order unless it attaches a proof of service.
🗣New snitch rule would impose a mandatory duty to report violations of other lawyers.
👩⚖️Oral arguments at U.S. Supreme Court run long by average of 30 minutes.
💼Supreme Court makes it easier to preserve issues raised in summary judgment motions in Dupree v. Younger.
🛑Federal courts to wind down remote access as US COVID emergency ends.
🕔3d. Circuit to impose 5:00 p.m. filing deadline.
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Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com, and publishes summaries of cases and appellate tips for trial attorneys at www.tvalaw.com/articles. Contact Tim at firstname.lastname@example.org or (714) 641-1232.
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