October 2, 2013

Appellate procedure opinion filing tomorrow

It’s been five weeks since the Supreme Court filed an opinion.  The hiatus is due to (a) the lack of oral arguments in July and August and (b) the requirement that opinions be filed within 90 days of submission, which normally occurs immediately after argument (cf. Sonic-Calabasas A, Inc. v. Moreno, which was submitted after post-argument supplemental briefing).

The last opinion from the court’s June calendar cases was filed at the end of August.  Tomorrow, the court will file its first opinion from cases argued in September.

Tomorrow’s opinion will get the adrenaline pumping for appellate nerds like us.

funny-skydiving-plane-skyIn Kurwa v. Kislinger, the court will decide whether the judgment in the case, which dismissed most of the causes of action with prejudice and the remainder, under the parties’ stipulation, without prejudice and with a waiver of the applicable statute of limitations, was an appealable judgment.


The Kurwa opinion can be viewed online tomorrow beginning at 10:00 a.m.

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