Appellate Practice,
U.S. Supreme Court
Nov. 18, 2014
Improvidently granted cases and the rise of the amicus brief
Whether the court will dismiss a recent CAFA case reflects the intersection of two trends: the increasing influence of amicus briefs, and the court's dismissed as improvidently granted, or DIG, practice.
M.C. Sungaila
Partner
Complex Appellate Litigation Group
appellate law and litigation
620 Newport Center Drive Ste 1100
Newport Beach , CA 92660
Phone: (949) 991-1900
UCLA Law School
M.C. is creator and host of The Portia Project podcast - which has been named among the Top 20 Women in the Law podcasts globally by Feedspot. The podcast can be found at https://www.portiaprojectpodcast.com/
In the first week of the Supreme Court term, the court heard argument in another Class Action Fairness Act case; this one, focusing on whether a notice of removal under CAFA is adequate if it simply asserts the necessary jurisdictional facts without attaching evidence documenting those facts. But a jurisdictional argument raised only in an amicus brief filed by Public Citizen - not in a brief filed by any of the parties - has given rise to a question whether the court will reach the meri...
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