Bench Report: Judges: Reject Panel Rehearing Rule + Biden Nomination Train Keeps On Chugging
This week, we take a look at a SCOTUS amicus brief filed on behalf of a handful of federal judges hoping to see a panel rehearing practice get the ax, plus Biden's latest judicial nominees.
March 03, 2023 at 06:00 AM
8 minute read
Bench Report
Happy Friday from Avalon and Brad, and welcome to another roundup of the week's news about the judiciary. This week Avalon takes a look at a SCOTUS amicus brief filed on behalf of a handful of federal judges hoping to see a panel rehearing practice get the ax. Brad, meanwhile, continues to try and keep up with Biden's judicial nominations. Despite a canceled Senate Judiciary meeting this week, the president still saw five judges get confirmed with plenty more waiting in the wings.
As always, please reach out to us via [email protected] or [email protected] with any tips or feedback. Follow us on Twitter: @AvalonZoppo and @BradKutner.
Andre Davis, retired judge of the U.S. Court of Appeals for the Fourth Circuit and now Baltimore city solicitor, discussing threats to judicial independence during a panel discussion in Washington, D.C., on December 13, 2018. Photo: Diego M. Radzinschi/ALM Judges to SCOTUS: Reject Panel Rehearing Rule
Five former judges asked the U.S. Supreme Court in an amicus brief last week to reject a panel rehearing practice used by two federal appeals courts.
The U.S. Court of Appeals for the Ninth Circuit and Federal Circuit have both adopted a practice that's in dispute: When a divided panel issues an opinion and then a judge in the majority leaves the bench before a request for rehearing is decided, that judge is replaced by a new one to cast a vote on the pending petition. That essentially creates a new panel that can overturn the original ruling.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
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Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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