Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Friday, May 24, 2019

Appellate Advocacy Blog Weekly Roundup Friday May 24

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Supreme Court Opinions & News

As reported in Newsweek, the Washington Examiner, and Task & Purpose, the Supreme Court declined to hear argument of a 2015 case involving challenges to the 1950s case Feres v. United States. In Feres, a case involving the Federal Tort Claims Act that allows citizens to sue the government, the Court determined the government could not be held liable for injuries caused to a military service member arising from incidents involving military service. The 2015 case the Court declined to hear involved former United States Coast Gaurd officer Walter Daniel suing the government after his wife suffered postpartum hemorrhaging and died hours after giving birth to their daughter at Naval Hospital Bremerton. Justice Thomas dissented, writing "Such unfortunate repercussions--denial of relief to military personnel and distortions of other areas of law to compensate--will continue to ripple through our jurisprudence as long as the court refuses to consider Feres."

The Supreme Court remanded Merck Sharp & Dohme Corp. v. Albrecht, a case involving plaintiffs injured by Merck's "bone-strengthening drug Fosamax," as reported here. The Court held 9-0 that the issue in question--who decides whether the case should move forward--is to be decided by the lower-court judge. 

PBS's Frontline documentary series aired Supreme Revenge this week, examining the confirmation hearings of the Supreme Court nominees since Robert Bork to Justice Kavanaugh. 

Federal Appellate Court Opinions and News:

The U.S. Court of Appeals for the Eighth Circuit reversed and remanded a lower court's denial of the plaintiff's motion for a preliminary injunction regarding an ordinance that restricted the number of yard signs a private property owner may have. The opinion is here

Practice Pointers & Tips:

@Sheldongilbert tweeted a list of judges on Twitter to help "demystify judging" and "teach the law."

@palmore_joe tweeted Dori Bernstein's article about how to conduct an effective moot court.

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