As summer nears, this month’s column will focus on a bunch of appellate-related developments that are noteworthy but not deserving of an entire column’s worth of attention.
For starters, beginning last month (in May 2022), the U.S. Court of Appeals for the Third Circuit started distributing to arguing counsel a commemorative pen bearing the seal and title of that court. So, whether you win or lose, you will at least emerge from oral argument with a parting gift. The pens are sponsored by the Third Circuit Bar Association, itself a worthy organization for appellate practitioners to join. In this regard, the Third Circuit is following in the footsteps of the New Orleans-based Fifth Circuit, which has also been distributing pens to arguing counsel. And unlike the quill pens those sitting at counsel table receive from the U.S. Supreme Court, these circuit-level pens contain their own ink supply.
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