Friday, April 27, 2018
Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure to include, feel free to send Dan a quick email atDReal@Creighton.edu or a message on Twitter (@Daniel_L_Real).
Supreme Court Opinions and News:
Regarding suing foreign corporations for human rights atrocities:
On Tuesday, the Supreme Court ruled in Jesner et al. v. Arab Bank, PLC, a suit brought under the Alien Tort Statute wherein Petitioners (6,000 foreign citizens) alleged that they or persons on whose behalf they asserted claims had been injured or killed by terrorist acts committed abroad and that the terrorist acts were caused or facilitated by a foreign corporation, Arab Bank, a multinational corporation based in Jordan with a federally chartered branch in New York. The victims alleged that the U.S. branch of the Bank transferred millions of U.S. dollars that were used to finance terrorist attacks in Israel, the West Bank, and Gaza. The Court’s ruling was split 5-4, and the Court ruled that foreign corporations cannot be sued under the Act for complicity in human rights atrocities that occur overseas.
Regarding Trump Administration Travel Ban:
Travel Ban: On Wednesday, the Supreme Court heard oral argument on President Trump’s travel ban, more than four months after issuing a ruling that the ban should be allowed to take full effect during the pending litigation. This is the third version of the travel ban enacted by the administration, but the first to reach the Court for argument. This case was scheduled to be the final argument of this term.
Federal Appellate Court Opinions and News:
A federal judge in Washington D.C. issued a ruling this week in which the court found the Trump administration’s rescission of DACA to have been “arbitrary and capricious.” The court ordered the Department of Health and Human Services to process applications, both new and renewal, but also stayed the order for 90 days to allow the Department “an opportunity to better explain its rescission decision.”
State Appellate Court Opinions and News:
Pennsylvania Attorney General Josh Shapiro filed a lawsuit challenging regulations promulgated under the Patient Protection and Affordable Care Act that would take away the Little Sisters of the Poor’s religious exemption from a Health and Human Services rule, forcing them back into a dilemma of providing services like the week-after pill that would be contrary to their faith or risk millions in government fines. The Little Sisters of the Poor had sought an order from a trial court allowing them to intervene in the lawsuit to defend themselves against the potential impact of the lawsuit, but the federal district court kept them out of the case, ruling that they lacked a significantly protectable interest and that their interests were adequately represented by the federal government. The Little Sisters of the Poor appealed, and this week the United States Court of Appeals for the Third Circuit reversed, allowing them to intervene.
Practice Tips and Pointers:
From Law.com and Georgia Court of Appeals Chief Judge Dillard:
Ten tips on what not to do in front of a judge, based on an interview conducted by an attorney asking questions of a panel of judges. Judge Dillard specifically advised not to bring up issues on appeal that weren’t properly raised in the court below, not to overlook the value of being concise and focusing on your strongest points, and not to mislead the court.
From Legal Writing Prof Blog:
What happens to your appeal when you don’t follow the rules of appellate procedure? Your appeal gets dismissed. This blog post from earlier in the week looks at an Illinois Court of Appeals case in which plaintiff failed to follow the court rules and, despite being a pro se litigant, suffered from dismissal of the lawsuit as a consequence.
From Lisa Solomon:
To Draft a Winning Appeal, Choose Your Issues Wisely – article on questionoflaw.net.
Appellate Job Postings:
Assistant United States Attorney, District of Nevada: