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SCOTUSblog

SCOTUSblog

Covers the Supreme Court of the United States. By Bloomberg Law.

http://www.scotusblog.com/
  • Apr 25

    This week at the Court

    This week at the Court
    On Monday at 9:30 a.m. we expect orders from the April 24 Conference. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45. This is the second week of the April sitting.  On…
  • Apr 24

    Argument preview: Execution methods: broad or narrow look?

    Argument preview: Execution methods: broad or narrow look?
    At 10 a.m. Wednesday, the final day of oral arguments this Term, the Supreme Court will hold a one-hour hearing on an Oklahoma death penalty case that could range widely over broad constitutional questions, or — in the alternative…
  • Apr 24

    Petition of the day

    Petition of the day
    The petition of the day is:  
Rank this Week: 15

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 72

California Appellate Report

California Appellate Report

Thoughts on recent Ninth Circuit and California appellate cases, by University of San Diego School of Law Professor Shaun Martin.

http://calapp.blogspot.com/
  • Apr 24

    Sefton v. Sefton (Cal. Ct. App. - April 24, 2015)

    Sefton v. Sefton (Cal. Ct. App. - April 24, 2015)
    I never took Trusts & Estates.  And because I never studied for the bar exam, I never actually learned the stuff either.But I've picked up bits and pieces of this area over the subsequent decades by reading the California appellate…
  • Apr 23

    Stennett v. Britel (Cal. Ct. App. - April 23, 2015)

    Stennett v. Britel (Cal. Ct. App. - April 23, 2015)
    Anime Britel was a world-class triathelete.  In 1999, he met Jackie Stennett while they were both at the Harvard Business School, and they had a romantic relationship.  Jackie got pregnant.Fast forward to 2011.  Mr. Britel was…
  • Apr 23

    People v. Brothers (Cal. Ct. App. - April 21, 2015)

    People v. Brothers (Cal. Ct. App. - April 21, 2015)
    For those who believe child molesters deserve to die, I wonder what the reaction is to this fact pattern:"Early in the morning of December 5, 2005 Brothers learned information that caused her to believe Gates had sexually molested Mimi and…
Rank this Week: 517

The Federal Criminal Appeals Blog

The Federal Criminal Appeals Blog

Covers federal appellate opinions from criminal cases where the defense won. By Kaiser, LeGrand & Dillon PLLC.

http://www.federalcriminalappealsblog.com/
  • Apr 24

    Short Wins - the More on Restitution Edition

    Short Wins - the More on Restitution Edition
    It's a catch-up blast of short wins today following my Spring Break. My favorite of the bunch, continuing on our recent restitution cases, is United States v. Foley. There, the district court ordered restitution that was outside the offense…
  • Mar 25

    Maybe Not the Best Defense, or, Why a Gratuity is Not a Bribe, or Honest Services Fraud

    Maybe Not the Best Defense, or, Why a Gratuity is Not a Bribe, or Honest Services Fraud
    The Seventh Circuit's opinion in United States v. Hawkins - written by Easterbrook - presents a fascinating legal defense. When is getting money from someone for side benefits from the government bribery and when is it fraud? Mr. Hawkins and…
  • Mar 17

    Short Wins - The Flight Attendant Edition

    Short Wins - The Flight Attendant Edition
    This week's favorite Short Win is United States v. Gray. I say this less because of the legal issue involved - a jury instruction for "malice" - than for how much fun the opinion is to read. Here's the opening: Words are slippery things.…
Rank this Week: 602

The California Blog of Appeal

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com
  • Mar 17

    A break for some shipmates and a lesson on drilling down on the standard of review

    A break for some shipmates and a lesson on drilling down on the standard of review
    As a graduate of the “Boat School” (or “Canoe U”), I went on alert as soon as I spotted a case in yesterday’s advance sheets regarding whether some local county employees’ time as U.S. Naval Academy…
  • Mar 10

    Do longer briefs correlate to success for Appellants?

    Do longer briefs correlate to success for Appellants?
    I cannot think of a single writing seminar I have attended or book I have read that did not emphasize succinctness. Now comes a paper published at the Social Science Research Network, “Too Many Notes”? An Empirical…
  • Jan 23

    Can your trial judge give you a boost toward getting appellate review of a non-appealable order?

    Can your trial judge give you a boost toward getting appellate review of a non-appealable order?
    In theory, at least, the answer is yes, in some circumstances, by certifying the non-appealable order pursuant to Code of Civil Procedure section 166.1. Yesterday’s opinion in Audio Visual Services Group, Inc. v. Superior Court,…
Rank this Week: 652

New York Appellate Law Blog

New York Appellate Law Blog

Covers significant tort and insurance coverage decisions in New York's Appellate Courts, cases which have been granted leave to appeal to the New York Court of Appeals, and other practice tips or information regarding appeals to New York's Appellate Courts. By Mauro Lilling Naparty LLP.

http://mlnappeals.blogspot.com/
Rank this Week: 1038

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Apr 6

    Impairment of Contracts, Hospital Districts, and the Foundations They Create

    Impairment of Contracts, Hospital Districts, and the Foundations They Create
    Regina Keenan | On November 13, 2014, the Florida Supreme Court issued an opinion in Citrus County Hospital Board v. Citrus Memorial Health Foundation, Inc. (SC13-411) affirming Citrus Memorial Health Foundation, Inc. v. Citrus County…
  • Apr 6

    Court Revisits Life Sentences for Juvenile Offenders, Part 2

    Court Revisits Life Sentences for Juvenile Offenders, Part 2
    Regina Keenan | On March 19, 2005, the Florida Supreme Court issued opinions in Falcon v. State, (SC13-865) and Horsley v. State, (SC13-1938) combined with State v. Horsley, (SC-13-2000). In Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012), the
  • Mar 21

    Court Revisits Life Sentences for Juvenile Offender

    Court Revisits Life Sentences for Juvenile Offender
    Kristen Larson | In Graham v. Florida, 560 U.S. 48 (2010), the Supreme Court of the United States held that a Florida law which allowed juveniles to be sentenced to life without parole for nonhomicide crimes was unconstitutional. The Court
Rank this Week: 1152

Circuit Splits

Circuit Splits

Covers divisions between circuit courts. By Nicholas J. Wagoner.

http://www.circuitsplits.com/
  • Jun 6

    Parallel Review and Identifying Circuit Split

    Parallel Review and Identifying Circuit Split
    This post is part of a series exploring the ideas in an important new article by Professor Aaron-Andrew Bruhl (Univ. Houston), entitled Measuring Circuit Splits: A Cautionary Note. One important concept Bruhl explains is that of parallel…
  • Jun 6

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)
    Aaron-Andrew Bruhl (pictured), a professor at University of Houston Law Center, has an important new article on SSRN entitled Measuring Circuit Splits: A Cautionary Note. This article is, simply put, brilliant. It changed the way that I think…
  • May 13

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split
    Sometimes appellate advocates argue that the circuit court panel in their case should align with the decisions of one or two other circuits in order to avoid creating a circuit split. In one recent case, the lawyer stretched the argument too…
Rank this Week: 1147

Texas Causes of Action Blawg

Texas Causes of Action Blawg

Features caselaw updates and cites on causes of actions and affirmative defenses culled from Texas appeals court opinions. By Wolfgang Demino.

http://causeofactionelements.blogspot.com/
Rank this Week: 1688

Canadian Appeals Monitor

Canadian Appeals Monitor

Covers upcoming and decided appeals of interest to Canadian businesses and professions. By McCarthy Tétrault LLP

http://www.canadianappeals.com
  • Apr 24

    SCC Monitor Post (24/04/2015)

    SCC Monitor Post (24/04/2015)
    By Katherine Booth Since our last post, the Supreme Court has released a number of significant decisions, including a decision about the standard of review applicable to statutory appeals and the test for civil contempt. It also dismissed two…
  • Apr 22

    Screening Secondary Market Liability Actions: the Supreme Court Raises the Bar for Plaintiff

    Screening Secondary Market Liability Actions: the Supreme Court Raises the Bar for Plaintiff
    By Miranda Lam, Pierre-Jerome Bouchard and Laure Fouin On April 17, 2015, the Supreme Court of Canada (SCC) rendered its opinion in Theratechnologies inc. v. 121851 Canada inc., 2015 SCC 18 (Theratechnologies), its first decision on the…
  • Apr 21

    Negligence of Public Authorities – “We have been using a screwdriver to turn a bolt”, Federal Court of Appeal say

    Negligence of Public Authorities – “We have been using a screwdriver to turn a bolt”, Federal Court of Appeal say
    By Marc-Andre Russell The majority decision (Stratas and Nadon, J.A.) of the Federal Court of Appeal (“FCA”) in Paradis Honey Ltd. v. Canada, 2015 FCA 89 calls for a complete overhaul of the law governing public authority…
Rank this Week: 1819

Southern California Appellate News

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/
  • Apr 23

    Lights, camera, roll 'em...

    Lights, camera, roll 'em...
    Today's LA Times presents After Court Adjourns, 9th Circuit Judge's Movie Nights Are A Hit here, about the movie nights at the Ninth Circuit, started by Judge Kozinski.Kozinski holds the event, known as KFF or Kozinski's Favorite Flicks,…
  • Apr 22

    Baseball themed dissent in Barry Bonds case

    Baseball themed dissent in Barry Bonds case
    The Barry Bonds en banc opinion is out (here), and Judge Rawlinson pens a baseball-themed dissent with the following intro, headings and conclusion:U.S. v. Bonds, No. 11-10669Rawlinson, Circuit Judge, dissenting:There is no joy in this…
  • Apr 21

    Editing tricks fail to fool court; brief stricken

    Editing tricks fail to fool court; brief stricken
    Looking for ways to outsmart the 14K word limit? Law360 today has a story titled Too-Long Brief Dooms Banking Patent Appeal at Fed. Circ., where "A trick straight out of high school English class cost [an appellant]" in a big way: its appeal…
Rank this Week: 1290

Record on Appeal

Record on Appeal

Focuses on case law analysis, appellate events, and other topics in the area of appellate law. By Rebecca A. Copeland.

http://www.recordonappeal.com/
  • Apr 22

    HAWSCT Heads to Kauai

    HAWSCT Heads to Kauai
    As part of its Courts in the Community Program, the Hawaii Supreme Court will hold oral argument tomorrow, April 23, 2015, in Kauai. The event will be from 10-11 am at the Kauai Community College Performing Arts Center. The case is: In re…
  • Apr 20

    The HAWSCT’s deemed denial law stands: Appellate Deadline Still Not Triggered by Deemed Denial Deadline

    The HAWSCT’s deemed denial law stands: Appellate Deadline Still Not Triggered by Deemed Denial Deadline
    On April 14, 2015, the HAWSCT issued an opinion in Deutsche Bank Nat’l Trust Co. v. Amasol, SCWC-13-0000040, expanding on the court’s prior decision in Sakuma related to the deemed denial deadline in Hawaii Rules of Appellate Procedure…
  • Apr 17

    Tall Tales of Life as a Solo

    Tall Tales of Life as a Solo
    On Wednesday, April 15, 2015 (in addition to surviving tax day), this blogger was pleased to be a panelist at the American Bar Association's Solo, Small Firm, and General Practice Division's panel entitled "How to Become Practice Ready…
Rank this Week: 1880

The Appellate Gourmet (c)

The Appellate Gourmet (c)

Covers the many flavors of appellate issues and law. By Dorothy Easley.

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 1490

Arkansas Appeal

Arkansas Appeal

Covers significant developments in appellate practice in Arkansas and decisions from Arkansas’s Appellate Courts. By Tasha C. Taylor.

http://arkansasappeals.com/
  • Mar 21

    Temporary Custody Orders Not Appealable (And a Note of Caution)

    Temporary Custody Orders Not Appealable (And a Note of Caution)
    Strother v. Strother In Strother v. Strother, 2015 Ark. App. 196, the Arkansas Court of Appeals recently held that a decree that “does not contain a final award of custody” is not an appealable order.  A review…
  • Jan 6

    Today’s Investiture Results in Arkansas’s First Majority Female Supreme Court

    Today’s Investiture Results in Arkansas’s First Majority Female Supreme Court
    An investiture ceremony is being held at the Arkansas Supreme Court today at 1:00 p.m. for the swearing in of three justices: Arkansas Supreme Court Justice Karen Baker, Arkansas Court of Appeals Judge Rhonda Wood, and Arkansas Court of…
  • Nov 21

    Were Your Arguments Made in Chambers Preserved for Appeal?

    Were Your Arguments Made in Chambers Preserved for Appeal?
    Arkansas Realtors Association v. Real Forms, LLC Any attorney who has spent much time practicing in court knows that many arguments and rulings are made in chambers (and off the record).  The question, then, is how to preserve arguments…
Rank this Week: 1939

Appellate Law & Practice

Appellate Law & Practice

Covers appellate law and advocacy.

http://appellate.typepad.com/appellate/
  • Dec 10

    Giving it up.

    Giving it up.
     I am going to be discontinuing my participation in this blog in the next week or so.  If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry. 
  • Dec 8

    CA1: large law firm loses case on behalf of client

    CA1: large law firm loses case on behalf of client
     US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand, the defendants are represented…
  • Dec 8

    CA1: It’s official. Everything is mail fraud.

    CA1: It’s official. Everything is mail fraud.
    US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty…
Rank this Week: 1459

At the Lectern: Practicing Before…

At the Lectern: Practicing Before the California Supreme Court

Features news and commentary on the practice of law before the California Supreme Court. By Horvitz & Levy LLP.

http://www.atthelectern.com/
  • Apr 24

    Summary of April 22, 2015 conference report for civil case

    Summary of April 22, 2015 conference report for civil case
    The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, April 22, 2015. The summary includes those civil cases in which (1) review has been…
  • Apr 24

    Death penalty opinion filing Monday

    Death penalty opinion filing Monday
    On Monday morning, the Supreme Court will file its opinion in People v. Smith, which is an automatic appeal from a December 2002 judgment of death.  Smith was argued on the court’s February calendar. The opinion can be viewed…
  • Apr 23

    Supreme Court concludes sentence enhancement applied improperly

    Supreme Court concludes sentence enhancement applied improperly
    In a unanimous opinion written by Justice Goodwin Liu, the Supreme Court today concluded that a sentence of 229 years to life was improperly calculated because a five-year prior serious felony enhancement was applied to multiple terms for…
Rank this Week: 4109

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
Rank this Week: 2547

Appellate Advocacy Blog

Appellate Advocacy Blog

Edited by David R. Cleveland, Kendall D. Isaac, Tonya Kowalski, Elizabeth Berenguer Megale and Randall L. Hodgkinson.

http://lawprofessors.typepad.com/appellate_advocacy/
  • Apr 14

    Proposed Maryland Rule Heads Wrong Way on Unpublished Opinion

    Proposed Maryland Rule Heads Wrong Way on Unpublished Opinion
    As Michael Wein of the Maryland Appellate Blog reports in some detail, the Maryland Rules Committee has responded to increased media publication of its "unreported decisions" by proposing to: 1) have the court publish the opinions…
  • Apr 2

    CA3blog on the Third Circuit's Low Published Opinion Rate

    CA3blog on the Third Circuit's Low Published Opinion Rate
    Matthew Stiegler's CA3blog dug into the new AO Court Statistics and found that when it comes to issuing published opinions, the Third Circuit doesn't publish very many of them. It publishes the fewest published opinions of any circuit, and…
  • Apr 1

    Federal Appellate Rulemaking on Brief Word Count

    Federal Appellate Rulemaking on Brief Word Count
    The Federal Appellate Rules Advisory Committee held a public hearing today on the proposal to reduce the word limit of federal appellate briefs from 14,000 words to 12,500 words. When drafting my March 19 post on the issue, I searched...
Rank this Week: 2488

Illinois Appellate Lawyer Blog

Illinois Appellate Lawyer Blog

Covers the appellate record, constitutional analysis, jurisdiction, mootness, rehearings and the standard of review. By Steven R. Merican.

http://www.illinoisappellatelawyerblog.com/
  • Apr 11

    Final divorce order supersedes and moots appeal from visitation order

    Final divorce order supersedes and moots appeal from visitation order
    The Eckersalls’ divorce included a fight over custody of their children. The couple agreed on a visitation schedule, but not on the terms and conditions of visitation. So the trial court entered a standard “Custody/Visitation…
  • Dec 22

    Illinois Discovery Order A Judgment, Triggering 30-Day Appeal Deadline

    Illinois Discovery Order A Judgment, Triggering 30-Day Appeal Deadline
    Daewoo International paid American Metals Trading $14.5 million for pig iron. But American Metals didn’t deliver, so Daewoo started an arbitration proceeding. In support of the arbitration, Daewoo got an order of attachment against…
  • Dec 10

    Statutory Deadline For Notice Of Appeal Trumps Supreme Court Rule

    Statutory Deadline For Notice Of Appeal Trumps Supreme Court Rule
    Which deadline for filing a Notice of Appeal applies when the supreme court rules differ from the General Assembly’s statute? And what happens to the appeal when the Notice of Appeal meets the General Assembly’s deadline but not…
Rank this Week: 2227

The Appellate Strategist

The Appellate Strategist

Covers appellate issues, trial consultations and evaluating appeals. By Sedgwick LLP.

http://www.appellatestrategist.com
Rank this Week: 4425

Texas Appellate Law Blog

Texas Appellate Law Blog

Features civil appellate practice tips, resources, and news. By D. Todd Smith.

http://www.texasappellatelawblog.com/
  • Apr 6

    Appellate Practice and Procedure Lesson 8: Tips and Strategies for Marketing an Appellate Practice

    Appellate Practice and Procedure Lesson 8: Tips and Strategies for Marketing an Appellate Practice
    This post features the video and slides for the eighth and final lecture in my Appellate Practice and Procedure course. The presentation appears after the jump. Appellate law can be a very difficult practice area to break into. Because legal…
  • Apr 1

    Short-Citing to the Record in the Fifth Circuit

    Short-Citing to the Record in the Fifth Circuit
    I received a copy of this letter in one of my cases: What’s wrong with using the short citation form “id.” when citing the record? As I wrote about here, the Fifth Circuit recently standardized the format for citing…
  • Mar 30

    Appellate Practice and Procedure Lesson 7: Rehearing and Higher Court Review

    Appellate Practice and Procedure Lesson 7: Rehearing and Higher Court Review
    This post features the video and slides for the seventh lecture in my Appellate Practice and Procedure course, which I introduced here. The presentation appears after the jump. How do you convince an appellate court to change its mind when…
Rank this Week: 2287

South Carolina Appeals - Tips and…

South Carolina Appeals - Tips and News

Covers South Carolina state appellate practice and noteworthy SC decisions. By the Law Offices of Robert Hill.

http://www.attorneyroberthill-blog.com/
  • Mar 30

    Get Ground for Appeal in the Record

    Get Ground for Appeal in the Record
    The South Carolina Court of Appeals recently agreed with me that a record on appeal was insufficient for the Court to tell whether an issue argued on appeal was preserved. The case is 21st Mortgage Corp. v. Youmans, Op. No. 2015-UP-112…
  • Mar 23

    SC Risperdal Case is a Trove of Unperserved Appellate Issue

    SC Risperdal Case is a Trove of Unperserved Appellate Issue
    Parties in South Carolina often raise appellate issues that they failed to preserve in the trial court. Until last month, four error-preservation violations were the most I had seen discussed in a single case. Then came State…
  • Jan 2

    SC Supreme Court – Streaming Oral Argument

    SC Supreme Court – Streaming Oral Argument
    The South Carolina Supreme Court is now streaming its oral arguments. The Court’s upcoming roster is available here. You may view the oral arguments live or watch past arguments. Links to oral arguments in other state…
Rank this Week: 2294

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
Rank this Week: 5067

Florida Appellate Review

Florida Appellate Review

Features news and analysis of Florida Supreme Court, 11th Circuit Court of Appeals, and U.S. Supreme Court decisions and developments. By Dan Bushell.

http://www.floridaappellatereview.com/
  • Mar 26

    FL Appeals Court Tells Dwayne Wade and Ex-Wife to Get a Parenting Coordinator and Stop Appealing

    FL Appeals Court Tells Dwayne Wade and Ex-Wife to Get a Parenting Coordinator and Stop Appealing
    Three times was too many for Miami Heat star Dwayne Wade's ex-wife. Four years ago, an Illinois court entered a 102-page (!) judgment after a 38-day (!) trial, detailing D-Wade and his ex-wife's custody and timesharing arrangements. D-Wade…
  • Feb 25

    Florida Appeals Court Forfeiture Decision A Reflection of Changing Attitudes About Cannabis?

    Florida Appeals Court Forfeiture Decision A Reflection of Changing Attitudes About Cannabis?
    There's no denying that public opinion on the dangerousness of cannabis has changed dramatically in recent years. Florida has not taken the steps that some states have taken to legalize cannabis for medical purposes, let alone for general…
  • Feb 23

    Challenge to Blind Trusts Premature, Florida's 1st DCA Rule

    Challenge to Blind Trusts Premature, Florida's 1st DCA Rule
    There's been considerable teeth gnashing about a 2013 Florida law allowing politicians to hold their assets in blind trusts, and withhold from public disclosure specification of the assets held in those trusts. But the debate is only…
Rank this Week: 3886

TCB's Legal Blog

TCB's Legal Blog

Criminal defense news. By Thomas C. Brandstrader.

http://chicagofelony.com/legal-posts/
  • Mar 24

    In a followup, I guess we should not be surprised by…

    In a followup, I guess we should not be surprised by…
    http://www.bizjournals.com/chicago/news/2015/03/23/activists-question-chicago-police-use-of-cell.html
  • Mar 18

    We would like to but we can’t tell you….

    We would like to but we can’t tell you….
    According to a recent report, Law Enforcement across the country are seeking funds for a super-secret device created by the Harris Corporation that can track cell phones, emails, and other data by acting like a cell phone tower and is small…
  • Jul 16

    Crisis on the Border…

    Crisis on the Border…
    Of all of the problems and travails our society faces today, the gathering of refugee children on the Texas border seems the most depressing and frustrating to this writer. I speak not to the reasons these young children risk life ……
Rank this Week: 2428

California Appellate Law Blog

California Appellate Law Blog

News and insight about appellate law. By Archer Norris, a professional law corporation.

http://www.caappellatelaw.com/
  • Mar 18

    Calculating Prejudgment Interest in Personal Injury Action

    Calculating Prejudgment Interest in Personal Injury Action
    Civil Code section 3291 provides that if the plaintiff in a personal injury action makes a Code of Civil Procedure section 998 offer to compromise which the defendant does not accept, and the plaintiff obtains a more favorable judgment,…
  • Feb 11

    Evidence of Immigration Status: Rarely Relevant, Almost Always Prejudicial

    Evidence of Immigration Status: Rarely Relevant, Almost Always Prejudicial
    Now, more than ever, terms like “illegal alien,” “illegal immigrant,” and “undocumented worker” generate fear and controversy in our society.  And in the courtroom setting, the passionate responses…
  • Jan 7

    Legal Writing: Speak Freely (But Plainly, Please!)

    Legal Writing: Speak Freely (But Plainly, Please!)
    “This petition . . . ask[s] this Court to unmistakably clarify, to the whole patent community, that its Mayo/Biosig/Alice decisions (“3 decisions”) ended the claim construction anomaly hampering especially ET…
Rank this Week: 4595

Georgia Appeals Blog

Georgia Appeals Blog

Comments on new cases and appellate procedure in Georgia and the Eleventh Circuit. By Andy Clark.

http://andyclarklaw.com/blog/
  • Mar 1

    Georgia General Assembly Considering New Rules for Judicial Expressions of Opinion

    Georgia General Assembly Considering New Rules for Judicial Expressions of Opinion
    Back in December I wrote about possible changes to Georgia’s “super-plain error” rule, OCGA § 17-8-57. Bills to amend OCGA § 17-8-57 have now been introduced in the House (HB 196) and the Senate (SB 99).…
  • Jan 31

    Braves Stadium Bond Challenge to be Heard in Georgia Supreme Court

    Braves Stadium Bond Challenge to be Heard in Georgia Supreme Court
    On Tuesday, February 3, the Georgia Supreme Court will hear oral arguments in three cases challenging the financing of the new Atlanta Braves stadium in Cobb County. Since the cases combine my interest in baseball with my interest in…
  • Jan 13

    Protecting Attorney’s Fees Awards from Appeal

    Protecting Attorney’s Fees Awards from Appeal
    Georgia courts cannot award attorney’s fees to a party unless specifically authorized to do so by statute or contract. This is the “American Rule” that probably every litigating attorney knows. But some may not know that, to…
Rank this Week: 2878

Michigan Appeals

Michigan Appeals

Explores and discusses issues affecting appellate practice, including recent cases, primarily from the Michigan Supreme Court, Michigan Court of Appeals, and the Sixth Circuit Court of Appeals. By the Speaker Law Firm.

http://www.michiganappeals.blogspot.com/
  • Feb 18

    The Michigan Supreme Court has taken up a…

    The Michigan Supreme Court has taken up a proposal for a court rule proposal regarding the publication standards and the citation to unpublished opinions. See ADM 2014-09. The proposal emanated from the Michigan Court of Appeals. As an…
  • Dec 7

    Appellate judge writes dissent based on her conviction

    Appellate judge writes dissent based on her conviction
    Usually when appellate judges write opinions, it is based on the facts or the law or sometimes even public policy. And appellate judges, like appellate lawyers, usually present their opinions in a very restrained fashion. So it was with great…
  • Oct 24

    Busy week for child welfare world

    Busy week for child welfare world
    The Court of Appeals published two cases this week in child welfare cases. The first In re Kanjia (Docket 320055) examined whether the Michigan Supreme Court's decision in Sanders applied to appeals from an order terminating parental rights…
Rank this Week: 2655

Ohio Criminal Appeals Blog

Ohio Criminal Appeals Blog

Provides Ohio criminal appeals news, views and insights. By J. Adam Engel, LLC.

http://www.adamengel.net/appealsblog/
  • Feb 12

    Evidence From Single Trash Pull Can Be Enough For a Warrant

    Evidence From Single Trash Pull Can Be Enough For a Warrant
    The Ohio Supreme Court has held that evidence seized from a single trash pull that corroborates tips and background information involving drug activity is sufficient to establish probable cause for a warrant. The case is State v. Jones, Slip…
  • Sep 26

    Ohio Supreme Court: “All or Nothing” Defense Does Not Prevent Instruction On Lesser Included Offense

    Ohio Supreme Court: “All or Nothing” Defense Does Not Prevent Instruction On Lesser Included Offense
    The case is State v. Wine, No. 2014-Ohio-3948. The Ohio Supreme Court has held that a defendant who presents an “all or nothing” defense in a criminal trial does not have the right to prevent a trial court from giving…
  • Sep 23

    Ohio Supreme Court Holds That Attorney Is Required for Resentencing Hearing

    Ohio Supreme Court Holds That Attorney Is Required for Resentencing Hearing
    The Ohio Supreme Court has held that a defendant is entiled to an attorney at a resentencing hearing. The court explained that “a resentencing hearing is a critical stage of a criminal proceeding to which the right to counsel…
Rank this Week: 2264

Appealing Decisions

Appealing Decisions

Covers appellate opinions and practice in Florida and elsewhere. By Jennifer R. Dixon.

http://www.flaappellatecounsel.com/
  • Jan 30

    LYNX Surveillance Footage Exempt from Public Inspection

    LYNX Surveillance Footage Exempt from Public Inspection
    In a surprising opinion issued on January 30, 2015, which promises to have a wide-reaching effect, the Fifth District Court of Appeal overturned a declaratory judgment entered in favor of WKMG-TV Local 6, and determined that surveillance…
  • Jan 14

    U.S. Supreme Court Victory for T-Mobile

    U.S. Supreme Court Victory for T-Mobile
    On January 14, 2015, the U.S. Supreme Court issued an opinion in T-Mobile South, LLC v. City of Roswell, Georgia, Case No. 13-975, reversing a decision of the Eleventh Circuit Court of Appeals.  At issue:  whether an application to…
  • Dec 12

    Orange County Sanctioned for Frivolous Appeal

    Orange County Sanctioned for Frivolous Appeal
    In a scathing opinion issued on December 12, 2014, the Fifth District Court of Appeal took Orange County and its attorney to task for its appeal of an order awarding attorneys fees in connection with the County’s violation of…
Rank this Week: 2167

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog
Rank this Week: 4143

Pennsylvania Legal Blog

Pennsylvania Legal Blog

Commentary and news about the Pennsylvania Legal community. By the Law Offices of Daniel J. Siegel, LLC.

http://www.palegalblog.com
Rank this Week: 2695

Nebraska Litigation & Trial…

Nebraska Litigation & Trial Advisor

Covers trials and appeals, depositions, and discovery. By Lamson, Dugan and Murray, LLP.

http://nebraskalitigationadvisor.com/
Rank this Week: 4746

An Appeal to Reason

An Appeal to Reason

Provides information and advice to trial attorneys from an appellate attorney. By Donna Bader.

http://www.anappealtoreason.com/
  • Aug 26

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.
    In Gregory v. Cott, 2014 WL 3805478, the California Supreme Court was presented with the question of whether patients suffering from Alzheimer’s disease and their families are liable for the injuries they inflict on in-home health care…
  • Aug 12

    What is an arguable issue on appeal?

    What is an arguable issue on appeal?
     In People v. Hernandez (2014) ___, Cal.App.4th ___, Justice Rylaarsdam wrote the opinion in a criminal appeal in which the Court previously appointed counsel to represent the defendant.  The attorney filed…
  • Jul 31

    We may have a new California Supreme Court Justice

    We may have a new California Supreme Court Justice
    Governor Jerry Brown nominated a new Supreme Court justice to replace retiring Justice Marvin Baxter, who was one of the Court’s most conservative members.  The nominee is Mariano-Florentino Cuellar, a Mexican-born Stanford Law…
Rank this Week: 4550

Washington State Appellate…

Washington State Appellate Practice Blog

Covers local and national appellate law practice. By Jason W. Anderson.

http://www.waappellatelaw.com/
  • Apr 11

    Should You Appeal?

    Should You Appeal?
    Parties are motivated to appeal for various reasons, often a combination of personal and financial considerations depending on the nature of the dispute. The decision whether to appeal should also take into account the likelihood of success…
  • Sep 25

    An Example of How Exaggeration and Hyperbole Can Be Counterproductive

    An Example of How Exaggeration and Hyperbole Can Be Counterproductive
    A good appellate advocate knows that understatement is generally more effective than exaggeration or hyperbole.  This proved true in a recent appeal before the United States Court of Appeals for the Sixth Circuit.  In this case,…
  • Nov 28

    Should You Appeal?

    Should You Appeal?
    Litigants are motivated to appeal for various reasons.  These may include financial considerations, a belief that the judge was biased or that trial counsel mishandled the case, a belief that justice has not been done, or simply a desire…
Rank this Week: 3889

The Appellate Record

The Appellate Record

Covers appellate law, cases, and issues. By Andrews Kurth LLP.

http://www.appellaterecord.com
  • Aug 22

    Are You Smarter Than a Fifth Grader?

    Are You Smarter Than a Fifth Grader?
    Well, are you? Smarter than a fifth grader? And if you insist that you are, is that a good thing? I spend a good portion of every day taking lousy writing and changing it into something better, sometimes even persuasive. (To be fair, some of…
  • Aug 15

    And The Winner Is . . .

    And The Winner Is . . .
    The Supreme Court of Texas is meeting in conference today,  August 15. It's the first conference in a while, given the summer court schedule. But without even warming up or stretching out, the court is managing to sandwich four days of…
  • Aug 8

    Secrets in the Twitter Age

    Secrets in the Twitter Age
    "Rien ne pèse tant que un secret." That's what La Fontaine said. For Luddite Americans like me, it means, "Nothing weighs more than a secret." On the theory that a picture is worth a thousand French quotes, take a look at the…
Rank this Week: 4911

South Carolina Appellate Lawyer

South Carolina Appellate Lawyer

Covers appellate practice in South Carolina. By Christian Stegmaier.Covers appellate practice in South Carolina. By Christian Stegmaier.

http://southcarolinaappellatelawyer.wordpress.com
  • Oct 1

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter
    On September 22, the Supreme Court issued an administrative order, which replaces the current Form 4 used for judgments/dispositions in civil matters in the Circuit Court with Form 4C.  The new Form 4C, which can be found here at…
  • Oct 1

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter
    On September 22, the Supreme Court issued an administrative order, which replaces the current Form 4 used for judgments/dispositions in civil matters in the Circuit Court with Form 4C.  The new Form 4C, which can be found here at…
  • Oct 1

    Re-Rolling Out South Carolina Appellate Lawyer

    Re-Rolling Out South Carolina Appellate Lawyer
    I’ve spent the day re-reading the Advance Sheets from the last several months. While reviewing the recent decisions of our Court of Appeals and Supreme Court, I thought about South Carolina Appellate Lawyer and regretted that I had let it…
Rank this Week: 3648

On The Docket

On The Docket

Covers appellate litigation in the Carolinas and beyond. By Nexsen Pruet.

http://www.nexsenpruetonthedocket.blogspot.com/
  • Sep 28

    Error Preservation in South Carolina: Beware the "Two Issue" Rule.

    Error Preservation in South Carolina: Beware the "Two Issue" Rule.
    By Kirsten E. SmallBecause I am an appellate lawyer, error preservation is the bane of my existence. I don't care if the trial judge excluded your evidence, kicked a puppy, or made the jury deliberate through the Clemson-Carolina game. If you…
  • Sep 19

    The Appellate Code: The Many Meanings of "Per Curiam"

    The Appellate Code: The Many Meanings of "Per Curiam"
    By Kirsten E. SmallWe all know that “per curiam” means “by the court.” But, to echo a 1960s hippie-type, what does “per curiam” really mean, man? What message, if any, is an appellate court conveying by issuing an opinion “per…
  • Sep 12

    New Fourth Circuit Nominee Stephanie Thacker

    New Fourth Circuit Nominee Stephanie Thacker
    By Kirsten E. SmallJust in time for "On the Docket" to return from its summer hiatus ("hiatus" sounds so much more deliberate than "holy cow, I've been busy lately," doesn't it?), President Obama has officially announced a new pick for the…
Rank this Week: 3810

Abstract Appeal

Abstract Appeal

Covers Florida Law and the Eleventh Circuit Court of Appeals. By Matt Conigliaro.

http://www.abstractappeal.com/
  • Aug 12

    Health Care Litigation: The Eleventh Circuit Agrees The Mandate Is Unconstitutional

    Health Care Litigation: The Eleventh Circuit Agrees The Mandate Is Unconstitutional
    This decision will attract a great deal of attention. It should. Today, the Eleventh Circuit held that the individual insurance mandate contained in the massive 2010 health care legislation violates the federal constitution because Congress…
  • Jul 8

    People Say I’m Lazy…

    People Say I’m Lazy…
    Dreaming my life away. Well they give me all kinds of advice… You know the rest. Lennon had been spending time raising a family in New York. My story is a little different.
  • Feb 21

    Hey Legislature: That MedMal Immunity Is Illusory

    Hey Legislature: That MedMal Immunity Is Illusory
    This decision from the Fourth District examined section 768.135, the title of which references immunity for volunteer sports team physicians.
Rank this Week: 2051

South Carolina Appellate Law Blog

South Carolina Appellate Law Blog

Follows the opinions of the South Carolina appellate courts, the Fourth Circuit, and the United States Supreme Court. By Womble Carlyle.

http://southcarolinaappellatelaw.blogspot.com/
  • Dec 13

    Closing Out

    Closing Out
    Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news. Merry Christmas.
  • Dec 1

    Constitutional issues with Clinton appointment???

    Constitutional issues with Clinton appointment???
    "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during…
  • Nov 19

    Billy Wilkins' return to the courtroom as a lawyer meets with succe

    Billy Wilkins' return to the courtroom as a lawyer meets with succe
    From the Greenville News:William W. “Billy” Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as…
Rank this Week: 2210

Prove My Florida Case

Prove My Florida Case

Covers Florida appellate, evidentiary, and trial perspectives and issues. By David M. Adelstein.

http://www.provemyfloridacase.com
Rank this Week: 2756

Smythe PC Blog

Smythe PC Blog

Covers appellate law.

http://appeals.me/smythe-pc/
Rank this Week: 2733