U.S. Supreme Court Certiorari: A Panel Discussion
3pm-4pm | CLE Program - Courtroom 3 on the Fifth Floor
(in-person attendance only)
4pm-5pm | Reception - 6th Floor Conference Room
Following the CLE program, there will be a reception to honor Susan Gelmis, the Ninth Circuit’s Chief Deputy Clerk of Operations, who is retiring in March.
Some of the topics the panel will address are:
- What should you first do after an adverse decision: The value of filing a petition for rehearing en banc.
- What are the reasons to seek review: Rule 10 provides the basis for granting cert, which includes conflicts between the court of appeals and state supreme courts, or important federal question that should be settled. What is the Court actually looking for (or will never take up)?
- Do you need to get support: Why amicus briefs are important at the cert stage and what type of support you should seek.
- What is the internal process for reviewing: How the Court internally processes requests as a procedural and timing matter.
- When do you respond to someone else’s petition: Recommendations on responses, and tips for avoiding cert after a Call for Response from the Court.
- What does it mean if the Court relists the petition or delays: How to divine the Court’s initial responses and what can you do at that point.
- The Court has granted cert: What next?
- Interesting trends in cert and what the Court is granting
SPEAKERS:
Greg Miller is a Partner at Morrison & Foerster LLP, in both the Complex Litigation and Advisement group, as well as the Appellate and Supreme Court group. He represents companies in complex product liability and commercial litigation in state and federal courts across the United States. Greg has litigated multiple cases in the U.S. Supreme Court, as well as handling appeals in many federal and state appellate courts. Before private practice, Greg clerked for Justice Clarence Thomas at the U.S. Supreme Court, Chief Judge Ed Carnes at the Eleventh Circuit, Justice David Nahmias at the Supreme Court of Georgia, and Amul Thapar in the Eastern District of Kentucky.
Professor Liz Porter teaches and writes in the areas of torts, civil procedure, constitutional law, and federal courts. Her research has been published at journals including the Columbia Law Review, the Cornell Law Review, the NYU Law Review and the Washington Law Review. She has been at the University of Washington since 2010. Prior to that, she served as a law clerk for Justice Ruth Bader Ginsburg at the U.S. Supreme Court and Judge Sidney R. Thomas at the Ninth Circuit.
James Sigel is a nationally respected appellate litigator and Co-Chair of the Appellate Practice at Davis Wright Tremaine LLP. An expert on constitutional, statutory, and regulatory issues, James has filed well over 100 briefs in various jurisdictions, including the U.S. Supreme Court. He has a wealth of behind-the-scenes knowledge while serving as a law clerk for Supreme Court Justice Sonia Sotomayor, and for judges on the California Supreme Court, the 9th Circuit, and the D.C. Circuit.
1.0 CLE Credit to be applied for in Washington.
