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.