In BIG news for #PersonalJurisdictionTwitter, the Pennsylvania Supreme Court UNANIMOUSLY holds that consent by registration under Pennsylvania's long-arm statute violates the Due Process Clause. /1
With the Philadelphia Court of Common Pleas a popular plaintiff destination, many thought that the PA Supreme Court would uphold consent by registration. And PA's statute was unusually clear that it imposed general jurisdiction as a consequence of registering. /2
This was the big case we consent-by-registration people were watching and it is pretty amazing it came out in favor of the defense.
This leaves Georgia standing alone in the post-Daimler appellate world. And Cooper Tire has sought certiorari of that decision. /Fin
Here it is! The big Multicircuit Lottery step-by-step thread for what will happen tomorrow! For all of those on the edge of your seat/prewriting articles!
1. OSHA will e-file what is called a "Notice of Multicircuit Petitions for Review" with the JPML. It will include as appendicies a schedule of all lottery-compliant petitions (which may not be all petitions) and copies of each. It will be docketed as MCP 165.
2. OSHA will file copies of the Notice in all of the circuits where petitions for review are pending and on counsel for all parties to the petitions for review.
Appellate counsel is attached when a case is set for trial and looks like it's actually going to go. My first order of business is to prepare motions in limine and argue them before trial. I also attend the pre-trial conference. /2
At trial, preservation is priorities 1-6. If I do nothing else, it's making sure we say "objection" when necessary to preserve the record. If the judge allows, I will argue sidebars. If not, I am whispering in examining counsel's ear. /3
As outside counsel for @AHAhospitals, I will be live tweeting the #SCOTUS oral argument and providing analysis starting at 10 a.m. today. Opinions are mine. Read my earlier piece on their blog: aha.org/news/blog/2020…. 1/
After the Chief Justice calls the case, we'll hear from Michael Mongan, the Solicitor General of California, who represents the coalition of States defending the ACA. He'll start with two minutes uninterrupted for an opening statement. 2/
Mongan's opening statement defends the constitutionality of the individual mandate with a $0 penalty, but also shifts to "severability" - whether the rest of the ACA can stand even if the mandate is unconstitutional. /3
I talk about this question a lot when doing panels on social media. There are no good answers, but I think it's useful to tease apart a few different kinds of "sail trimming." /1
Some sail trimming is needed as either an ethical or good-partnership practice. For instance, when you work in a firm (esp. a big one), what you publish or say in your professional role is often constrained by who the firm represents, even if you don't know them. /2
I've had to spike or reel in views just because some other partner or partner's client justly would not want a fellow attorney from the firm that represents it saying X. You can quit, of course, but I'm talking about smaller issue commitments here. /3
The government says that it needs certiorari before judgment because without it, review would not take place until October Term 2019. /2
But here's the thing: To secure review /this/ Term the petition will need to be fully briefed and submitted to the Court by mid-January. Currently, the briefs in oppositions are due on December 24, 2018. /3