Court of Appeals Candidates Like Rules Change on Panels
Former State Bar of Georgia president Ken Shigley and former Dougherty County district attorney Ken Hodges are the only announced candidates for the spot being vacated by Judge John Ellington, who is seeking an open seat on the state Supreme Court.
December 08, 2017 at 10:37 AM
2 minute read
L-R: Ken Shigley and Ken Hodges
Two lawyers seeking an open seat on the Georgia Court of Appeals said they like the change in court rules announced last week.
Former State Bar of Georgia president Ken Shigley and former Dougherty County district attorney Ken Hodges are the only announced candidates for the spot being vacated by Judge John Ellington, who is seeking an open seat on the state Supreme Court.
Shigley and Hodges both sounded approval for the changes, which included eliminating a rule requiring that six additional judges join three-judge panels that have split 2-1 on a case. The court now will issue 2-1 decisions, although they will be considered “physical precedent” only.
Shigley wrote in an email: “The Georgia Court of Appeals has a heavy caseload that, as a practical matter, has made it impracticable to hold routine conferences of panels regarding each case. I have always thought that was unfortunate. I have great confidence in the judges of the Court of Appeals who have made this rule change in reaction to the practical realities of managing their heavy caseload. Going forward, it is important to guard against allowing any change in process to diminish the degree of attention given to the merits of each case.”
Hodges wrote in an email: “The rule change allowing 2-1 decisions will bring the Georgia Court of Appeals into line with the majority of appellate courts. It will eliminate problems resulting from the intersection of our Constitutional Two-Term Rule (requiring appellate decisions by the end of the second term of court) and the prior requirement to go outside the original three judge panel for two categories of cases. This often required judges outside the original panel to consider and vote on cases with which they were unfamiliar with a very short time window, during the period known as 'Distress.' I believe this rule change will make 'Distress' less 'distressing' and hopefully help improve the already high quality of opinions from the Court of Appeals. It will make the process of the Court more efficient.”
This content has been archived.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