Quote:
Originally Posted by Window_Seat
FRAP 28(j) letter filed by "Appellees County of Yolo and Ed Prieto" to note the holding in Drake v. Filko, 724 F.3d 426, 428 (3d Cir. 2013), Woollard v. Gallagher, 712 F.3d 865 (4th Cir. 2013) and the fact that SCOTUS denied cert in Woollard and Kachalsky. People getting all excited over SCOTUS denying cert.
I'm still wondering if 28(j) Authority will be filed by our side regarding the interesting holding I note here.
Erik.
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SCOTUS has said that denials of cert are just that; it is not an endorsement of the judgement below. Yolo is obviously trying to give CA9 the impression that SCOTUS rubber stamped Kachalsky and Woolard.