))
Maxine Waters’ SLAPP, 5pm Filing Deadline, “Snitch Rule” & More Recent Legal News
Manage episode 365342088 series 3344448
Content provided by Tim Kowal & Jeff Lewis, Tim Kowal, and Jeff Lewis. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Tim Kowal & Jeff Lewis, Tim Kowal, and Jeff Lewis or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
Our regular roundup of noteworthy appellate decisions and legal news includes these stories:
⚠Did a Covid-era jury cut short its deliberations (to just one hour) because it wanted to get out of the cramped jury room? Plaintiff thought so, but did not make a record of having raised a timely objection. Held: Objection forfeited.
⚠Did the failure to raise an affirmative defense in a joint pretrial order forfeit that defense? The 9th Circuit held it did, but Judge Bumatay thought it was raised indirectly and the lack of a more explicit assertion did not prejudice the plaintiff.
🤚Suit against Maxine Waters for falsely saying her opponent was “dishonorably discharged” may go forward: evidence that Waters was shown a military document refuting her charge, and Waters’ failure to conduct any other investigation, supported plaintiff’s showing of actual malice for purposes of defeating the anti-SLAPP motion.
📃Record defect resulted in California Court of Appeal resulted in affirmative via a rare “memorandum decision.”
✉60-day deadline to appeal is not triggered by file-stamped order unless it attaches a proof of service.
🗣New snitch rule would impose a mandatory duty to report violations of other lawyers.
👩⚖️Oral arguments at U.S. Supreme Court run long by average of 30 minutes.
💼Supreme Court makes it easier to preserve issues raised in summary judgment motions in Dupree v. Younger.
🛑Federal courts to wind down remote access as US COVID emergency ends.
🕔3d. Circuit to impose 5:00 p.m. filing deadline.
Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.
Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.
Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.
The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.
Other items discussed in the episode:
- Perry v. Kia Motors
- Defense not asserted in a pretrial order deemed forfeited in split 9th Cir. decision ( Ivie v. Astrazenica Pharmaceuticals LP)
- What is actual malice? Maxine Waters SLAPP case
- Lack of record leads affirmance by memorandum decision
- Order was file-stamped, but did not attach the POS, so it did not trigger the 60-day deadline to appeal
- New snitch rule proposal as the state bar. Cal Bar<
133 episodes
Share
