Our band of merry travelers, known affectionately as #AppellateTwitter, has been in the news recently. In case you missed it, first there was some coverage of our crew at Above the Law. Then U.S. Law Week did a story on us, which was cross-posted at Bloomberg BNA. Then Today’s General Counsel did its own little blurb referring to the Law Week article. Then Law.com ran a story about us.
And to cap it all off, Judge Dillard (@JudgeDillard) actually cited #AppellateTwitter in a footnote to one of his judicial opinions.
I found 25 cases from the past 10 years, involving labor or employment claims, where Judge Gorsuch wrote the majority opinion. Here’s a quick overview of how those cases turned out.
A bill (HB 1761) has been proposed in the Texas Legislature to change the Texas Supreme Court’s appellate jurisdiction. Below is my explanation (and first impression) of what the bill would do.
There’s a split over what exactly unauthorized access means, in violating the CFAA. See here at p.13.
There’s a split over what law applies (state or federal) in determining the validity of a contract’s forum-selection clause. See here at p.5.
There’s an intra-circuit split in the Sixth Circuit, as well as a split across circuits, over the proper standard of review for Rule 404(b) evidence. See here at p.14 & n.4.
Circuits disagree over whether an ADEA plaintiff must “reasonably pursue,” “complete,” or merely “start” the administrative process, to “exhaust” administrative remedies before filing suit. See here at p.9.
There’s a split over whether the probate exception, which applies to diversity jurisdiction, also applies to federal-question jurisdiction. See here at p.3-4.
There’s a split over whether an arbitration agreement may require the resolution of labor disputes on an individual basis (i.e., no class arbitration). See here at p.20-21.
Circuits disagree over “whether the rationale of Martinez/Trevino extends to ineffective assistance of direct appeal counsel.” See here at p.10-11.
And there’s a split over whether independently exculpatory Brady material must be disclosed before a plea. See here at p.7-8.
A good way to teach (and to learn) good writing is by demonstration. So, in an attempt to demonstrate how to improve the first two paragraphs of a motion, I’m just going to show you what the two paragraphs looked like before and after the revision.