How Appealing

Friday, August 25, 2023

“9th Circ. Says Firms Can’t Nix Non-MDL Clients from Common Fund”: Aaron West of Law360 has this report (subscription required for access) on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday in a case in which I represent the objectors to the common fund fee and costs assessments on non-MDL parties.

The Ninth Circuit’s ruling seems to further aggravate an existing circuit split, so perhaps the next step will be for my clients to seek U.S. Supreme Court review.

Update: In other coverage, Amanda Bronstad of The Recorder reports that “After Punting in Roundup MDL, 9th Circuit Upholds Common Benefit Assessments; The U.S. Court of Appeals for the Ninth Circuit, on Thursday, upheld common benefit fee assessments against settlements reached outside the Bard IVC filter multidistrict litigation by plaintiffs’ attorney Ben Martin.”

Posted at 4:14 PM by Howard Bashman

“Single or Double Spaced? Why Judicial Opinion Formatting Matters; Law professor Joe Fore makes the aesthetic and practical case for greater uniformity in circuit court opinion formats.” Avalon Zoppo of The National Law Journal has this report.

Posted at 2:52 PM by Howard Bashman

“Orrin Hatch Becomes Judiciary Committee Chairman; And I realize it’s time to move on”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 2:50 PM by Howard Bashman

“Supreme Court ethics debate divides justices, court watchers, former clerks”: Alex Swoyer of The Washington Times has this report.

Posted at 2:48 PM by Howard Bashman