This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Weekly Appellate Report #24

By Brian Cardile | Oct. 14, 2016

Appellate Practice

Oct. 14, 2016

Weekly Appellate Report #24

Ian Fein (Orrick) chats the Ninth Circuit's new review standard for FOIA appeals after ALDF v. FDA; Prof. Scott Dodson (UC Hastings) discusses his recent book The Legacy of Ruth Bader Ginsburg as SCOTUS' new term opens


This week's show considers a brand new appellate review standard in the Ninth Circuit, and a venerable member of the U.S. Supreme Court, Justice Ruth Bader Ginsburg, who began her 24th term earlier this month when the Court reconvened.
First Ian Fein, of Orrick, will visit to discuss the case of ALDF v. FDA, a recent Ninth Circuit reversal that overturned the circuit's precedent in the context of Freedom of Information Act appeals. A panel previously affirmed the case in April, under the old, deferential standard of review, but, in that ruling, the three judges concurred together in asking the circuit's judges to vote en banc to reconsider the review standard. An en banc court did just that, and replaced the deferential, clear error standard, with a more exacting appellate test for FOIA cases like ALDF, which was disposed of at the summary judgment stage notwithstanding some material factual disputes. Mr. Fein played a role in the appeal and will discuss its impact on future FOIA litigation

Then, as the U.S. Supreme Court begins its new term, Scott Dodson, professor of law at UC Hastings, will chat about his recent book on one of the court's longest-tenured and most-revered members, Ruth Bader Ginsburg. Dodson edited and contributed to the book, which features essays from noted legal minds and correspondents, including Nina Totenberg, Dahlia Lithwick, and Neil and Reva Siegal, and which is the first comprehensive treatment of Ginsburg's life and legacy. The book, with both personal anecdotes and doctrinal analysis, explains the outsize impact Ginsburg has made upon constitutional law, particularly in areas of equal protection analysis and gender equality, as well as civil procedure and federal court jurisdiction.
Don't forget CLE credit is available for listeners of the show; find a short true/false test below.
Have an idea for a segment? Email the host at <!-- Weekly Appellate Report Podcast -->


Brian Cardile

Rulings Editor, Podcast Host, 9th U.S. Circuit Court of Appeals reporter

For reprint rights or to order a copy of your photo:

Email for prices.
Direct dial: 949-702-5390

Send a letter to the editor: