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Friday afternoon, my email and text message notification systems were singing.  Why?  For the first time since December 2016 when the Court of Appeals received en banc review authority, an order allowing en banc rehearing was issued.  See Order allowing rehearing en banc. What issue precipitated this magical unicorn?  I am not 100 percent sure because the en banc order was issued in a Rule 3.1 appeal —where the briefs, records, and motions…
The NLJ has How the COVID-19 Pandemic Impacted Circuit Court Caseloads, noting that the 3d and 1st Circuits saw the biggest drops in appeals filed by during the pandemic (by 27.2% and 16.7%). PJ Gilbert’s Under Submission DJ column this month is What’s in a title? Who cares? The DJ’s Moskovitz on Appeal has On trial court briefs: the judges speak, about what judges like and don’t like–and how much they dislike invective and…
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The ABA released its 2021 ABA Profile of the Legal Profession report, 140 pages of statistics and trends covering demographics, judges, COVID-19, legal tech, law schools, etc. A few tidbits from the ABA Journal are: There were slightly more than 1.3 million active lawyers in the United States as of Jan. 1, 2021. This represented a decline of one-tenth of 1% compared with last year’s number; however, the report noted this was due to a…
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 Law360 has Bipartisan Sens. Propose 77 New Fed. Judgeships Nationwide A bipartisan pair of senators on Thursday proposed adding 77 federal district court seats across the country, matching the judiciary’s recommendations — except for omitted appellate seats — and splitting the new judgeships between 2025 and 2029 to sidestep partisan concerns. The JUDGES Act proposal matches the Judicial Conference of the United States’ recent recommendations for 77 new district judgeships in 13 states across the…
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The North Carolina Court of Appeals has recently addressed the availability of immunity doctrines to state Magistrates.  In Wynn v. Frederick and Great American Insurance Company, the Court addressed issues relating to both sovereign immunity and judicial immunity. The facts are not complicated.  The plaintiff rented a home to his sister and her son.  The son suffered from severe mental health issues and also had been diagnosed with substance abuse disorders.  When the son…