Charles Cowan presented oral argument on May 7, 2024, before a panel of the United States Court of Appeals for the Third Circuit Court in Philadelphia, PA, which was comprised of Judges Jane Richards Roth, Paul Matey, and Tamika Montgomery-Reeves.

Charles represents Derrick Evans, a former classmate of U.S. Supreme Court Justice Brett Kavanaugh, who filed a defamation lawsuit against The Huffington Post over an article it published during Justice Kavanaugh’s confirmation proceedings.  Derrick Evans appealed a Delaware federal court’s holding that applied New York substantive law and New York’s shorter statute of  limitations period to Evans’ claims.  The oral argument focused on Mississippi Supreme Court precedent and its application of Mississippi’s “savings statute” to the case at hand.  The Third Circuit specifically inquired about the applicability of the “savings statute” and the Supreme Court of Mississippi decision in Owens v. Mai.  Charles argued that the facts in Owens v. Mai differed from the facts in the case at hand and that if the Court looks at Evan’s case alone, it meets all criteria for application of the savings statute.

Arguments are currently under consideration by the panel.  Law360 reported on Charles’ argument, which can be found here for Law360 subscribers.