Fourth Circuit Remains Remote for Oral Arguments
COURT OF APPEAL SUMMARIES (September 7 – September 18, 2020)
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Good afternoon.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the weeks of September 7 to 11 and September 14 to 18, 2020.
The past two weeks saw ten substantive decisions released by the Court of Appeal. Topics covered included bankruptcy & insolvency, contracts (freight), enforcement of letters of request by foreign courts, family…
How Have Justices Kruger and Groban Voted in Employment Law Cases?
Justice Kruger has participated in 15 employment law cases since joining the Court in 2015. She has voted for defendants in five of those cases and for plaintiffs in 10 cases.
Eight cases were won by the defendants at the Court of Appeal. Justice Kruger voted to affirm in three of those cases and voted to reverse, in whole or in part, five times.
In the remaining four cases, the defendant lost at the Court…
How Have Justices Theis and Neville Voted in Domestic Relations Cases?
Justice Theis has participated in 20 domestic relations cases since joining the Court. She has voted for defendants in nine of those cases and for plaintiffs 11 times. Between 2011 and 2015, she supported defendants in seven of fifteen cases. From 2016 to 2019, she voted for defendants in two of five cases.
Six of those twenty cases were won by the defendant at the Appellate Court. Justice Theis has voted to affirm in two…
How Has Justice Cuellar Voted in Employment Law Cases?
Since joining the Court, Justice Cuellar has participated in fifteen employment law cases. He has voted for defendants in three of those cases (all in 2018 and 2019). Between 2015 and 2017, he voted for plaintiffs in all seven cases he participated in.
Eight of those cases were won by defendants at the Court of Appeal. Justice Cuellar has voted to affirm in only one of those eight cases.
The remaining four cases were lost…
Iowa Supreme Court denies requests for interlocutory review of Linn County injunction on absentee ballot request forms
The Iowa Supreme Court issued a two-paragraph order Wednesday denying separate appeals from Linn County Auditor Joel Miller and a Cedar Rapids resident seeking interlocutory review of Sixth Judicial District Judge Ian Thornhill’s temporary injunction enforcing Iowa Secretary of State Paul Pate’s directive that absentee ballot request forms not include pre-printed voter identification information.
The two appeals flow from an Aug. 10 lawsuit against the Linn County Auditor by the Republican National Committee, Donald J.…
How Has Chief Justice Burke Voted in Domestic Relations Cases?
Chief Justice Burke has participated in 33 domestic relations cases. She has voted for defendants’ position in 14 cases and against defendants 19 times. From 2007 to 2009, she voted for defendants in three of nine cases. From 2010 to 2014, she voted for defendants in seven of fifteen cases. From 2015 to 2019, she voted for defendants in four of nine cases.
Fourteen of those cases were won by the defendants below. Chief Justice…
Resisting the Urge to Give the Trial Court One Last Chance—Déjà Vu
Iowa Supreme kicks off its 2020-21 term with oral arguments this week
The Iowa Supreme Court will hear its first round of oral arguments of the 2020-21 term Wednesday and Thursday, and the first in person oral arguments heard since March due to the coronavirus outbreak.
The Sept. 16 and 17 oral arguments will feature justices, attorneys, court staff, and members of the public observing the Court’s rules requiring face coverings and physical distancing in the Judicial Branch Building and courtroom.
Among the 13 appeals that will…
The Court of Appeals doesn’t know all the information about a case unless the parties teach it (even if everyone else in the case does).
When a panel of the Sixth Circuit denied rehearing in a criminal case last month, Judge Moore issued a separate opinion, joined by Judge White, that highlights an important point for appellate advocacy. That is, regardless of how common some knowledge may be to the litigants at the trial level, the judges on appeal know only what the parties teach them about it.
What prompted Judge Moore’s somewhat unusual opinion was a petition for panel…