This interesting Law360.com article last week by Cara Salvatore describes an unusual move by prominent appellate lawyer Roy Englert in a pending Third Circuit appeal. The appeal involves a union’s challenge to part of an Atlantic City casino’s bankruptcy reorganization; Englert represents the casino. The appeal was argued on March 4 before Shwartz, Scirica, and Roth. Englert’s letter “request[s], in all respect, that a decision, one way or the other, be issued in the very near future.” It closes, “With respect, in the case of the [casino], we are now at a point that a decision is needed very soon” and requests “a decision as soon as practicable.”
My two cents: I see nothing wrong with a party explaining unusual time-urgency in its briefs or at oral argument, but sending the court a post-argument hurry-up letter strikes me as a risky move.