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Sean Marotta

@smmarotta

Sep 2

I meme'd it below, but now for the serious thread.

As many here know, I've been litigating consent by registration for years now. And my pal @tsle33 and his colleagues got the party argument, but I wanted to stay involved. /1

https://twitter.com/smmarotta/status/1565769271602515969

I've been citing Tanya's excellent and oft-cited article on corporate registration and consent for a long time, so I cold emailed her asking if she was interested in filing an amicus brief in Mallory, #SCOTUS's chance to pass on consent by registration's constitutionality. /2

Her response was quick and enthusiastic: She was in! She was a terrific client and really engaged with the brief, and I'm so proud of the product we just filed with the Court.

Want to read it? It's here! /3

supremecourt.gov/DocketPDF/21/2…

Read 4 tweets

Sean Marotta

@smmarotta

Jan 7

Here is the thread for the #CMS vaccine mandate argument, which is starting now. First up is Brian Fletcher, the principal deputy solicitor general, who is arguing for CMS. /1

Fletcher argues that vaccination of medical staff is best way to protect Medicare and Medicaid beneficiaries and that CMS carefully considered and rejected fear of staffing shortages and alternatives. /2

In response to a Justice Thomas question, Fletcher says CMS did not rely on just general rulemaking authority but also specific statutory authority for each category of healthcare provider. Trying to head off criticism of OSHA's actions. /3

Read 64 tweets

Sean Marotta

@smmarotta

Jan 7

Good morning and welcome to my live tweet of the #SCOTUS #VaccineMandate oral arguments, brought to you by @ahahospitals.

We're nine minutes out from the Court taking the bench. First up today will be arguments on whether to stay the #OSHA vaccinate-or-test mandate. /1

All of the justices except Sonia Sotomayor will be in the courtroom for oral argument today. Justice Sotomayor, who is diabetic, will be participating from her Chambers by phone. Also, Ohio Solicitor General Ben Flowers will argue by phone as he tested positive for COVID. /2

We'll hear first from Scott Keller, who will argue for a coalition of businesses led by @NFIB. Then is Flowers for a coalition of States led by Ohio. And arguing for the government and in defense of OSHA will be U.S. Solicitor General Elizabeth Prelogar. /3

Read 96 tweets

Sean Marotta

@smmarotta

Dec 22, 2021

In BIG news for #PersonalJurisdictionTwitter, the Pennsylvania Supreme Court UNANIMOUSLY holds that consent by registration under Pennsylvania's long-arm statute violates the Due Process Clause. /1

#AppellateTwitter

With the Philadelphia Court of Common Pleas a popular plaintiff destination, many thought that the PA Supreme Court would uphold consent by registration. And PA's statute was unusually clear that it imposed general jurisdiction as a consequence of registering. /2

This was the big case we consent-by-registration people were watching and it is pretty amazing it came out in favor of the defense.

This leaves Georgia standing alone in the post-Daimler appellate world. And Cooper Tire has sought certiorari of that decision. /Fin

Read 4 tweets

Sean Marotta

@smmarotta

Nov 15, 2021

Here it is! The big Multicircuit Lottery step-by-step thread for what will happen tomorrow! For all of those on the edge of your seat/prewriting articles!

#AppellateTwitter

1. OSHA will e-file what is called a "Notice of Multicircuit Petitions for Review" with the JPML. It will include as appendicies a schedule of all lottery-compliant petitions (which may not be all petitions) and copies of each. It will be docketed as MCP 165.

2. OSHA will file copies of the Notice in all of the circuits where petitions for review are pending and on counsel for all parties to the petitions for review.

Read 13 tweets

Sean Marotta

@smmarotta

Jun 10, 2021

Good question! It's different for every client that embeds appellate counsel, but I've done two for the same client and this is what I do. /1

https://twitter.com/AndrewBernstei9/status/1402775803168006156

Appellate counsel is attached when a case is set for trial and looks like it's actually going to go. My first order of business is to prepare motions in limine and argue them before trial. I also attend the pre-trial conference. /2

At trial, preservation is priorities 1-6. If I do nothing else, it's making sure we say "objection" when necessary to preserve the record. If the judge allows, I will argue sidebars. If not, I am whispering in examining counsel's ear. /3

Read 10 tweets

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