State Court of Appeals Clears Way for 2-1 Decisions, Eliminating Nine-Judge Panels
The biggest change eliminates a rule requiring six additional judges to join three-judge panels that have split 2-1 on a case.
November 30, 2017 at 06:10 PM
3 minute read
The Georgia Court of Appeals announced changes Thursday that the judges hope will streamline its decision-making process.
The biggest change eliminates a rule requiring that six additional judges join three-judge panels that have split 2-1 on a case. Because trickier cases tend to take longer to decide, the resulting nine-judge panels sometimes reviewed matters too close to the court's constitutionally mandated deadline to rule on each case within two court terms, or about eight months.
Allowing 2-1 decisions to go forward “will be much more efficient,” said Laurie Webb Daniel, who chairs Holland & Knight's national appellate practice.
Chief Judge Stephen Dillard said, “We're still going to have some cases that go down to the wire,” but he sounded hopeful that the new rule will reduce the number of those kinds of matters.
Since joining the court in 2010, Dillard and other judges have been concerned that judges added to panels have little time to review cases late in a case's second term. In 2013, he dissented from a decision by an expanded panel, arguing “the limited amount of time that many members of the Court had to consider the complex issues presented by this appeal” was a reason to send the case back to the trial judge for review.
An announcement by the court said the changes take effect Dec. 4.
The court also is adopting a mechanism so that three-judge panels wishing to overrule court precedent may issue the decision without requiring a hearing by the entire 15-judge court. If a panel votes 3-0 to overrule precedent, the other 12 judges would be polled on whether the full court should review the matter. If at least six of the 15 judges wish to review it, the entire court would have to issue a decision. If not, the three-judge panel could issue its decision overruling a precedent.
Dillard said the new rule will make it easier to eliminate uncontroversial precedents that have been implicitly overruled.
He cautioned that some of the new rules could be modified, such as the number of judges needed to force an en banc review. “We are in beta-testing,” he said.
A 2-1 decision seeking to overturn precedent couldn't go forward without the full court's blessing, Dillard said, because 2-1 decisions are “physical precedent” only.
Speaking of another change, Daniel said, “I'm really excited about electronic records being available.” She said that would help avoid situations caused by mismatched paper records when a judge can't find a page cited by a lawyer.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllOn the Move: Hunton Andrews Kurth Practice Leader Named Charlotte Managing Partner
6 minute readPaul Weiss’ Shanmugam Joins 11th Circuit Fight Over False Claims Act’s Constitutionality
Atlanta Attorneys Rely on Google Earth, YouTube for Evidence in $6M Faulty Guardrail Settlement
Trending Stories
- 1Litigation Leaders: Greenspoon Marder’s Beth-Ann Krimsky on What Makes Her Team ‘Prepared, Compassionate and Wicked Smart’
- 2A Look Back at High-Profile Hires in Big Law From Federal Government
- 3Grabbing Market Share From Rivals, Law Firms Ramped Up Group Lateral Hires
- 4Navigating Twitter's 'Rocky Deal Process' Helped Drive Simpson Thacher's Tech and Telecom Practice
- 5Public Notices/Calendars
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250