MSI arguments for HQL challenge - live May 6!

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  • esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    IIRC, until one side or the other submits a notification of change of party, the name would remain (just like it does in my organization's case at SCOTUS).

    See Rule 43 of the Federal Rules of Appellate Procedure:

    (c) Public Officer: Identification; Substitution.

    (1) Identification of Party. A public officer who is a party to an appeal or other proceeding in an official capacity may be described as a party by the public officer's official title rather than by name. But the court may require the public officer's name to be added.

    (2) Automatic Substitution of Officeholder. When a public officer who is a party to an appeal or other proceeding in an official capacity dies, resigns, or otherwise ceases to hold office, the action does not abate. The public officer's successor is automatically substituted as a party. Proceedings following the substitution are to be in the name of the substituted party, but any misnomer that does not affect the substantial rights of the parties may be disregarded. An order of substitution may be entered at any time, but failure to enter an order does not affect the substitution.
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,849
    Somewhere in MD
    See Rule 43 of the Federal Rules of Appellate Procedure:

    (c) Public Officer: Identification; Substitution.

    (1) Identification of Party. A public officer who is a party to an appeal or other proceeding in an official capacity may be described as a party by the public officer's official title rather than by name. But the court may require the public officer's name to be added.

    (2) Automatic Substitution of Officeholder. When a public officer who is a party to an appeal or other proceeding in an official capacity dies, resigns, or otherwise ceases to hold office, the action does not abate. The public officer's successor is automatically substituted as a party. Proceedings following the substitution are to be in the name of the substituted party, but any misnomer that does not affect the substantial rights of the parties may be disregarded. An order of substitution may be entered at any time, but failure to enter an order does not affect the substitution.
    Figured I would get your attention and the rules get posted...Thank you, Dr of Juris...
     

    Deep Lurker

    Ultimate Member
    Patriot Picket
    Mar 22, 2019
    2,356
    MD’s lawyer also said he was there representing MSP Supt. Pallozzi, who as we all know is no longer the MSP Superintendent.

    I am aware of the mechanism of automatic substitution.

    My comment was intended to highlight the fact that Maryland is not embarrassed at all to confirm in real time that the state remains perpetually out of date in all that it does.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    If MSI (and the other plaintiffs) lose, wouldnt it just be dismissed for lack of standing?

    If they loose it would be dismissed, but the question was what would happen if MSI won.

    It is a neat trick, one that would not be countenanced with any other right, enumerated or otherwise (ie abortion).

    That is not exactly true. Try and sue the government over the 27th amendment (increases in congressional pay). Apparently nobody has standing over the issue. There are a number of issues where standing gets in the way of litigating the issue.
     

    Steel Hunter

    Active Member
    Nov 10, 2019
    548
    I wish. This argument was a video conference with the Court. I was all dressed up in my court suit.

    I have my work from home dress perfected. You only need a shirt and tie for meetings if you have your web cam pointed up at your face. Fuzzy slippers still acceptable since they are out of frame. :D
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    I have my work from home dress perfected. You only need a shirt and tie for meetings if you have your web cam pointed up at your face. Fuzzy slippers still acceptable since they are out of frame. :D

    LOL. Let's just say that the camera did not show my shoes....
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    I have my work from home dress perfected. You only need a shirt and tie for meetings if you have your web cam pointed up at your face. Fuzzy slippers still acceptable since they are out of frame. :D

    Don't stand up if it's only a shirt and tie. :innocent0

    pst0006anch_grande.jpeg
     

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