Emulex Highlights Greater Scrutiny of Issues at High Court

In an expert analysis column published by Law360, Serena Hallowell, partner and leader of the direct action litigation practice, Of Counsel Corban Rhodes, and Associate Anna Menkova, discussed the U.S. Supreme Court’s decision to dismiss the appeal in the Emulex case. The column explains the significance of the dismissal as the Supreme Court’s way of signaling to petitioners that it is not going to entertain issues that were “inserted as a kind of Trojan horse into the certiorari petition.” The authors cautioned: “Future petitioners would be well-served to be as transparent and direct as possible when their appeal has the potential to raise multiple issues, particularly ones of such sweeping scope, to afford the court maximum visibility and control over the issues presented before it, and to avoid situations like Emulex.”

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