Reuters reports that the Third Circuit changed its local rules to require most briefs and court documents to be filed by 5:00 pm on the day they are due. The story explains that the proposal “comes after the court’s chief
Latest from MichieHamlett
CA4: ADA “Tester” Has Standing
Today’s Fourth Circuit opinion in Laufer v. Naranda Hotels, LLC, is worth a look. The Court held the plaintiff’s allegation of an informational injury was enough to confer Article III standing. Here is the intro:
Deborah Laufer, the plaintiff…
Theologis v. Weiler–CAV on Defamation and Business Conspiracy
The Court of Appeals handed down Theologis v. Weiler today, a fun opinion in a defamation and business-conspiracy case. The whole opinion is highly recommended. Summary below, but here are the points of greatest interest to appellate practitioners:
- Right Result/Different
What Happens if the Clerk’s Office Doesn’t Notify You that the Record Has Been Filed?
Here’s a question that has come up often enough that I suppose it merits its own post: What happens if the Clerk of the Court of Appeals does not properly notify the appellant of the filing of the transcript?
SCOTUS Fact of the Day
Adam Liptak reports on a new study showing that an undergraduate degree from Harvard, Princeton, or Yale significantly boosts an applicant’s chances of landing a SCOTUS clerkship.
Per Liptak, the study found that during the 40 years leading up to…
What Happens When the Judge Won’t Sign Your Written Statement of Facts?
Rule 5A:8(c)’s written statement of facts is one of the absolute nightmares of Virginia appellate practice.
The underlying notion seems simple enough: If an important hearing or trial took place but there’s no transcript, the appellate court needs something to…
WaPo Article About Judge Luttig
The Washington Post has a piece about Judge Luttig, opening with a lovely anecdote involving Justice Scalia. (But are we sure that Judge Luttig “clerked for [Scalia] at the federal district court in Washington?”) [Update: He did not! The…
Hawkins v. Town of South Hill–Objections in Final Order
Let’s start with the punchline from Hawkins v. Town of South Hill: Merely stating an objection above your endorsement to an order is not enough to preserve the objection for appeal. You must object with reasonable certainty, giving the…
Colas v. Tyree
Here is Kyle McNew on Colas v. Tyree.
On January 26th, the Supreme Court of Virginia issued its decision in Colas v. Tyree. This was a tragic case where a police officer shot and killed Mr. Tyree, who…
New CA4 Opinion on Regulatory Takings
The Fourth Circuit just handed down a new regulatory-takings opinion, Blackburn v. Dare County. Judge Richardson wrote for a unanimous panel that also included Judges Agee and Rushing. Here is the opening paragraph:
Joseph Blackburn, Jr. and Linda Blackburn own…