How Appealing



Wednesday, June 3, 2020

Programming note: This morning at 10 a.m. eastern time, I will be rearguing an appeal on behalf of my clients, the plaintiffs, before a nine-judge en banc panel of the Pa. Superior Court. The oral argument will be livestreamed on YouTube via this link starting at 10 a.m eastern time today thanks to yesterday’s order from that court denying the defendant’s request to prohibit the media and the public from accessing the oral argument in any manner.

In recent coverage of the matter, Matt Fair of Law360 reports that “Gardening Tools Co. Can’t Take Pa. Hearing Offline.”

Earlier, Max Mitchell of The Legal Intelligencer reported that “Tools Maker Wants Streamed Superior Court En Banc Argument Shielded From Public View; Husqvarna cited confidential sales data as the main reason for blocking public access; But plaintiffs counsel pushed back, saying that figures dating back to the mid-2010s could not place it at a competitive disadvantage.”

This will be my first from-home oral argument of the coronavirus era, although in April I did do a law school visit on the subject of appellate oral argument over Zoom. The Pa. Superior Court does not archive its oral arguments on YouTube for later viewing; one either views these live or not at all.

Posted at 7:22 AM by Howard Bashman