Fourth Circuit Issues Advisory on Remote Oral Arguments
COURT OF APPEAL SUMMARIES (MARCH 23 – MARCH 27, 2020)
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Good evening.
Following are this past week’s summaries of the Court of Appeal for Ontario.
In 2352392 Ontario Inc. v. Msi, the Court held that a statement of claim constituted sufficient notice of rescission under ss 6(3) of the Arthur Wishart Act (Franchise Disclosure), 2000. The Court stated that the purpose of notice under the Act is to avoid litigation,…
How Has Justice Chin Voted in Constitutional Law Cases?
Today, we begin our review of the individual Justices’ voting records in civil constitutional law cases. During his tenure, Justice Chin has participated in 104 civil constitutional law cases, voting for defendants in 47 cases and against defendants 57 times. Between 1996 and 1999, Justice Chin voted for defendants in six of 17 cases. Justice Chin almost evenly split his votes in 52 cases between 2000 and 2009 voting for defendants in 30 cases and…
How Did Defendants Fare in Constitutional Law Cases Between 2010 and 2019?
Between 2010 and 2019, defendants in civil constitutional law case have won only 10 of 29 cases. Defendants were 4-0 in 2010, but then lost 12 straight cases from 2011 to 2016. Since 2017, defendants have won six and lost seven.
The Court has decided 11 civil constitutional law cases won by the defendants below. The Supreme Court has affirmed in four while reversing, at least in part, seven times. Defendants were 2-0 in 2010…
Supreme Court Extends Appellate Deadlines and Encourages E-Filing
Today, the Supreme Court of North Carolina gave some grace on appellate filings impacted by the coronavirus pandemic. The order issued by the Court does three things:
Extends for 60 days all deadlines imposed by the Rules of Appellate Procedure that fall between March 27, 2020 and April 30, 2020 (inclusive of those dates).
Encourages the electronic filing of all documents with the appellate courts. And all means all—even the printed record on appeal in…
Ben Beaton on the Learned Sixth
Are you a Sixth Circuit (or SCOTUS) aficionado who has been working from home? Maybe all of the social distancing that you’ve appropriately been practicing has you itching to engage in discussion with fellow court watchers? If that description sounds on target for you, let me suggest season 4, episode 17 of the SCOTUS101 podcast—the most recent episode at the moment. The pod features an extended interview with our own Ben Beaton, beginning…
Coronavirus Update: 6th Circuit Conference Postponed to 2021
Last night Chief Judge Cole announced a one-year delay in the Sixth Circuit Judicial Conference, which had been scheduled for June 2020. Rumor had it that our own Ben Glassman was to participate, so now fans of Ben and Simone Biles alike will all have to set their sights to 2021.
Full statement below. Stay safe, stay sane, everyone.
**Notice Regarding the 2020 Sixth Circuit Judicial Conference**
Thursday, March 26, 2020
In light of…
Seventh Circuit Addresses Waiver of Right to Arbitrate
The Seventh Circuit’s decision in Brickstructures, Inc. v. Coaster Dynamix, Inc., No. 19-2187 (March 11, 2020), highlights the challenges that a party faces when appealing a district court’s finding that it has waived the right to arbitrate.
The parties in Brickstructures entered into a joint-venture agreement to create a LEGO-compatible model rollercoaster kit. When the collaboration fell to pieces, Brickstructures sued Coaster Dynamix. Citing the joint-venture agreement’s arbitration clause, Coaster Dynamix moved to dismiss the complaint on…
Telephonic oral arguments: tips for advocates
As federal courthouses limit their in-person operations because of COVID-19, telephonic oral arguments will become more common. Already the Second Circuit has announced that all of its oral arguments will proceed by teleconference until further notice. Similarly, the Seventh Circuit will hear oral argument by phone through April. For scheduled oral arguments in the D.C. Circuit, each panel will decide whether to proceed by phone, postpone the argument, or submit the case on the briefs.…
Oral Argument During the Pandemic
Longtime readers know that I’m a huge fan of oral argument. Giving counsel a chance to address the Court’s questions before the decision conference strikes me as vital.
But for obvious reasons, recent events have complicated courts’ efforts to hold argument.
It’s been fun to follow the workarounds that they’ve applied. A few basic strategies emerge:
Postpone oral argument. SCOTUS and SCOTX took this approach. Appealing in its simplicity.
Hold oral argument by videoconference. The…