Most federal appellate courts are still conducting oral arguments, but with the lawyers and the judges all participating remotely. State appellate systems are not uniform in what they are doing about oral arguments. Advocates should definitely check repeatedly for the court's most recent coronavirus plan, as the situation remains very fluid. Currently, Connecticut has postponed arguments with no new dates scheduled and also has given parties the option of waiving arguments. Massachusetts has cancelled arguments for April and will decide cases on the briefs unless otherwise ordered by the court.
We thought it would be helpful to provide some advice to lawyers participating in the jurisdictions that are conducting remote arguments. Of course, the advice is general; different courts may vary in how they conduct the remote arguments, and the courts vary in size and procedures. Nevertheless, this advice should apply to all the remote arguments you will participate in.
For more Day Pitney alerts and articles related to the impact of COVID-19, as well as information from other reliable sources, please visit our COVID-19 Resource Center.
COVID-19 DISCLAIMER: As you are aware, as a result of the COVID-19 pandemic, things are changing quickly and the effect, enforceability and interpretation of laws may be affected by future events. The material set forth in this document is not an unequivocal statement of law, but instead represents our best interpretation of where things stand as of the date of first publication. We have not attempted to address the potential impacts of all local, state and federal orders that may have been issued in response to the COVID-19 pandemic.
On September 29, Christopher Droney and Chase Rogers provided appellate advice to the Appellate Advocacy Section of the Connecticut Bar Association. Judge Droney (ret.) and Justice Rogers (ret.) shared insights on the differences between state and federal appellate practice from their unique perspectives as former appellate jurists who are now in private practice.
Judge Christopher Droney presented a webinar, "Perspectives on Practicing in the Age of COVID-19" for the Holy Cross Lawyers Association (HCLA).
Michael K. Furey authored article, "Is It Worth the Risk to Represent a Client Who Has Fired a Previous Attorney?," for the New Jersey Law Journal.
On May 7, Judge Droney will speak on the Connecticut Bar Association "Federal Practice Section Meeting: Using Zoom in Federal Courts."
Stan Twardy was quoted in the New York Times article, "Top Aid in Review of Russia Inquiry Resigns From Justice Dept."
Stan Twardy was quoted in CT Post article, "Arrests of Perez, Dunn raise concern that FBI probe is just the beginning."
Day Pitney Press Release
Susan Huntington and Christopher Klimmek were quoted in Hartford Business Journal article, "Gov. Lamont's executive orders have helped CT beat back COVID-19, but some businesses want to curtail his powers."
Day Pitney's Michael Napoleone has been appointed to the Palm Beach County League of Cities board of directors.