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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Mar 22

    Petition of the day

    Petition of the day
    The petition of the day is: Peruta v. California 16-894 Issue: Whether the Second Amendment entitles ordinary, law-abiding citizens to carry handguns outside the home for self-defense in some manner, including concealed carry when…
  • Mar 22

    Opinion analysis: Court uses cheerleader uniform case to validate broad copyright in industrial design

    Opinion analysis: Court uses cheerleader uniform case to validate broad copyright in industrial design
    It’s the kind of case my colleagues who teach copyright law might spend an entire class session analyzing, pondering the pros and cons of copyright protection for industrial designs. In a rare moment for the Roberts Court, the opinion…
  • Mar 22

    Afternoon round-up: Day three of Judge Gorsuch’s confirmation hearing

    Afternoon round-up: Day three of Judge Gorsuch’s confirmation hearing
    Today the Senate Judiciary Committee is holding the third day of its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Early coverage of today’s proceedings, which has so far featured round two of the senators’…
Rank this Week: 11

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 22

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: 146

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/
  • Mar 22

    Sheley v. Harrop (Cal. Ct. App. - March 20, 2017)

    Sheley v. Harrop (Cal. Ct. App. - March 20, 2017)
    A full third of this opinion reads like a bench memorandum.  A draft opinion that spells out for the judge what went on below.  Including ten full pages of headings like "Special Motion to Strike," "Respondent's Opposition,"…
  • Mar 21

    Fiduciary Trust Int'l v. Klein (Cal. Ct. App. - March 21, 2017)

    Fiduciary Trust Int'l v. Klein (Cal. Ct. App. - March 21, 2017)
    "This is the latest appeal in a longstanding, particularly acrimonious probate matter involving the Mark Hughes Family Trust (trust). . . . This probate matter has been before us on appeal numerous times over the past decade."Yikes.…
  • Mar 20

    People v. Garcia (Cal. Supreme Ct. - March 20, 2017)

    People v. Garcia (Cal. Supreme Ct. - March 20, 2017)
    It's not as if I don't understand the theory.  Or even, at some level, empathize with it.  It's true that incredibly long footnotes sometimes detract from the flow of an opinion.  I get that.  Trust me.  As a result,…
Rank this Week: 346

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/
  • Mar 21

    9th Cir. Split: What's the Math Say?

    9th Cir. Split: What's the Math Say?
    That's the title of Vanderbilt Professor Brian Fitzpatrick's article in today's DJ. He argues that "Smaller circuits might very well make fewer outlier decisions" in "both directions" (i.e., from the left or right). He then uses math to prove…
  • Mar 20

    Appellate Tidbit

    Appellate Tidbit
    Today's Moskovitz on Appeals column is Writs: Part II, explaining that to pique an appellate court's interest in your writ petition, you should show: immediacy ("the issue must be resolved now"); a need to clarify the law; and a serious…
  • Mar 18

    Book Review: Allegiance

    Book Review: Allegiance
    As an appellate practitioner, you recognize the name Eugene Gressman, right? As in "Stern & Gressman" -- the colloquial way of referring to the SCOTUS bible/practice guide (actually titled Supreme Court Practice). Well, did you know that…
Rank this Week: 399

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/
  • Mar 20

    MCOA Overturns Termination Based Solely on Prior Termination

    MCOA Overturns Termination Based Solely on Prior Termination
    The Michigan Court of Appeals reversed the lower court decision terminating the father’s rights to his child because of the termination of his rights to two children in the past (MCL 712.19b (3)(l)—termination where parent’s…
  • Mar 15

    Veterinarian Malpractice Damages Award Upheld

    Veterinarian Malpractice Damages Award Upheld
    In this veterinary malpractice case, Elvin v Gubert, DVM, No. 326563 and 326566, the Michigan Court of Appeals held that the trial court did not err in calculating damages, instructing the jury, or determining sanctions.Facts: The…
  • Mar 10

    Second Published Opinion this Week at Speaker Law Firm

    Second Published Opinion this Week at Speaker Law Firm
    Speaker Law Firm received its second published opinion of the week (and fifth for this year). Yesterday's had to do with custody in a non Hague Convention signatory country.You can read the Published Opinion on the Court of Appeals website…
Rank this Week: 516

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/
  • Mar 22

    Supreme Court agrees to answer Ninth Circuit’s choice-of-law question

    Supreme Court agrees to answer Ninth Circuit’s choice-of-law question
    Tomorrow, the Supreme Court will answer one Ninth Circuit question.  Today, it agreed to answer another one.  In Pitzer College v. Indian Harbor Insurance Company, the court granted the Ninth Circuit’s request to decide…
  • Mar 22

    Spendthrift trust, Prop. 47 opinions filing tomorrow

    Spendthrift trust, Prop. 47 opinions filing tomorrow
    Tomorrow morning, the Supreme Court will file opinions in Carmack v. Reynolds and People v. Gonzales, which were both argued on the January calendar. At the Ninth Circuit’s request, the court will decide in Carmack whether Probate…
  • Mar 20

    Divided Supreme Court finds “serious constitutional error” to be harmle

    Divided Supreme Court finds “serious constitutional error” to be harmle
    In People v. Merritt, the Supreme Court today affirms a robbery conviction even though the trial court did not instruct the jury on the elements of robbery.  The court’s opinion by Justice Ming Chin — for himself and four…
Rank this Week: 561

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/
  • Mar 21

    #TwitterTuesday--Empire State

    #TwitterTuesday--Empire State
    Today's #TwitterTuesday comes from the great state of New York. Here are a few folks/courts to follow for #appellatetwitter in NY: The New York Court of Appeals, the highest court in the state, has its own Twitter account (@NYCourtsCOA).…
  • Mar 20

    To "Um" or Not--A Discussion of Disfluencies for Lawyers, Professors, and Student

    To "Um" or Not--A Discussion of Disfluencies for Lawyers, Professors, and Student
    As a moot court coach, I teach my students to not use disfluencies like "um" or "uh" in their oral arguments. According to Prof. Barbara Gotthelf's article, A Lawyer's Guide to Um, my dislike of these disfluencies is not…
  • Mar 13

    Full Citizenship Project

    Full Citizenship Project
    Last week, on International Women's Day, the Legal Writing Institute (LWI) and the Association of Legal Writing Directors (ALWD) announced the "Full Citizenship Project for All Law Faculty" campaign. According to the press release,…
Rank this Week: 1209

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/
  • Mar 2

    Elements of tortious interference claim in Texa

    Elements of tortious interference claim in Texa
    The elements of tortious interference with an existing contract are: (1) the existence of a contract subject to interference; (2) the occurrence of an act of interference that was willful and intentional; (3) the act was a proximate cause of…
  • Feb 23

    Elements of breach-of-fiduciary-duty claim under Texas law

    Elements of breach-of-fiduciary-duty claim under Texas law
    "The elements of a breach of fiduciary duty claim are: (1) a fiduciary relationship between the plaintiff and defendant, (2) a breach by the defendant of his fiduciary duty to the plaintiff, and (3) an injury to the plaintiff or benefit to…
  • Feb 14

    Doctrine of laches (not the same as statute of limitations, but similar)

    Doctrine of laches (not the same as statute of limitations, but similar)
    LACHES DOCTRINE IS EQUITABLE IN NATURE, WHILE SOL IS STATUTORY  Laches is an equitable remedy that prevents a plaintiff from asserting a claim due to a lapse of time. Green v. Parrack,974 S.W.2d 200, 203-04 (Tex. App.-San Antonio…
Rank this Week: 1148

Appealing Decisions

Appealing Decisions

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

http://www.flaappellatecounsel.com/
  • Jul 26

    Lowndes Attorneys Obtain Favorable Rulings for Court-Appointed Receiver

    Lowndes Attorneys Obtain Favorable Rulings for Court-Appointed Receiver
    Orlando, FL–Lowndes, Drosdick, Doster, Kantor & Reed, P.A. is pleased to announce that shareholder, Richard Dellinger, and appellate attorney, Jennifer R. Dixon, prevailed in defending a client appointed to serve as a receiver in…
  • Jan 12

    SCOTUS Voids Florida’s Death Penalty

    SCOTUS Voids Florida’s Death Penalty
    Breaking News:  In an 8-1 decision, the Supreme Court of the United States finds that Florida’s death penalty violates the U.S. Constitution in that it takes power that should belong to juries and vests it in trial…
  • Oct 27

    Florida’s Highest Court Refuses Webster’s Request for “Seat at the Table”

    Florida’s Highest Court Refuses Webster’s Request for “Seat at the Table”
    Today, the Supreme Court of Florida entered an order denying U.S. Senator, Daniel Webster’s request to intervene in the widely-reported Florida redistricting case, League of Women Voters of Florida, Inc., et al. v. Detzer, Case No.…
Rank this Week: 580

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/
  • Jul 6

    SC Workers’ Comp Panel Can Rehear its Decision

    SC Workers’ Comp Panel Can Rehear its Decision
    Parties may petition the Appellate Panel of the South Carolina Workers’ Compensation Commission to rehear its decisions. The case is Rhame v. Charleston County School Dist., Op. No. 27516 (S.C. Sup.Ct. April 22, 2015). In Rhame, the…
  • Jun 29

    When is a South Carolina Appeal Filed?

    When is a South Carolina Appeal Filed?
    When is a South Carolina appeal filed? Is it when the notice of appeal is sent, received, or something in between? For appeals to the South Carolina Court of Appeals and Supreme Court, the notice of appeal is filed when it is dropped in…
  • 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…
Rank this Week: 1051

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: 1123

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 22

    Forsyth Second Baptist Church v. Hester

    Forsyth Second Baptist Church v. Hester
    At my clients’ request, I’m sharing documents relating to Forsyth Second Baptist Church et al. v. John Hester et al., an action pending in Monroe County Superior Court. This is not the complete file. This matter is set for…
  • Feb 10

    HB 256 Would Roll Back 2016 Sovereign Immunity Decision

    HB 256 Would Roll Back 2016 Sovereign Immunity Decision
    A bill in the Georgia General Assembly would effectively undo the Georgia Supreme Court’s decision in Rivera v. Washington, 298 Ga. 770 (2016). House Bill 256 would amend OCGA § 5-6-34(a) to allow direct appeal, as a…
  • Feb 6

    HB 62 Would Send Certain Appeals Directly to the Georgia Supreme Court

    HB 62 Would Send Certain Appeals Directly to the Georgia Supreme Court
    Last year’s Appellate Jurisdiction Reform Act moved several categories of appeals from the Georgia Supreme Court’s direct jurisdiction to that of the Court of Appeals. Now, a bill pending in the General Assembly would shift…
Rank this Week: 2276

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: 2438

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
Rank this Week: 3734

The Federal Criminal Appeals Blog

The Federal Criminal Appeals Blog

Covers federal appellate opinions from criminal cases where the defense won. By KaiserDillon PLLC.

http://www.federalcriminalappealsblog.com/
Rank this Week: 3886

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
Rank this Week: 3810

Mass Appeals Blog

Mass Appeals Blog

Covers appellate issues affecting practice in Massachusetts and important appellate cases. By Cross Nadel LLC.

http://www.crossnadel.com/mass-appeals-blog
  • Mar 7

    Yes, Virginia, Petitioning Activity Can Be Frivolou

    Yes, Virginia, Petitioning Activity Can Be Frivolou
    The Appeals Court issued today issued The Gillette Company  v. Provost, another anti-SLAPP decision. The case does not tread new anti-SLAPP ground, but it is remarkable for its clarity on a few issues, and is one of a small number…
  • Feb 15

    Anti-SLAPP Alert: A blog post is petitioning activity. Another case of bad facts make bad law?

    Anti-SLAPP Alert: A blog post is petitioning activity. Another case of bad facts make bad law?
    The SJC yesterday ruled in Cardno ChemRisk, LLC v. Foytlin that a blog post qualified as petitioning activity under the Massachusetts anti-SLAPP statute. While this is not the first time* the Court has immunized as petitioning…
  • Jan 5

    2016 Anti-SLAPP Roundup: An Epic Mish Mash in State and Federal Court*

    2016 Anti-SLAPP Roundup: An Epic Mish Mash in State and Federal Court*
    2016 was another big year in anti-SLAPP litigation – with the Appeals Court issuing a slew of Rule 1:28 decisions, the Supreme Judicial Court granting Direct or Further Appellate Review to consider issues ranging from the proper…
Rank this Week: 1876

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/
Rank this Week: 3474

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: 4317

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/
  • Feb 10

    Mr Kluxen said Concentrate

    Mr Kluxen said Concentrate
    The American Bar Association this week asks: “Do you apply lessons you learned playing sports to your work in law?” I was pitching in a youth-league baseball game when events turned out of my control. From the sideline, Mr.…
  • Sep 22

    Comcast Bungles Telephone Number

    Comcast Bungles Telephone Number
    If you called my office the last couple of days, you got a recorded message saying you reached a number that is no longer in service. That’s true — it is no longer in service. Temporarily anyway, until Comcast fixes a…
  • Sep 22

    Comcast Bungles Telephone Number

    Comcast Bungles Telephone Number
    If you called my office the last couple of days, you got a recorded message saying you reached a number that is no longer in service. That’s true — it is no longer in service. Temporarily anyway, until Comcast fixes a…
Rank this Week: 1279

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog
  • Feb 10

    Drug Forfeiture Appeals – Car forfeiture reversed based on innocent owner defense

    Drug Forfeiture Appeals – Car forfeiture reversed based on innocent owner defense
    Alabama asset forfeiture law provides an extensive list of items that law enforcement officers can seize in connection with drug crimes. Under Alabama Code Section 20-2-93(a)(5) (1975), this list includes your car if it is used to sell or…
  • Feb 10

    Alabama Forfeiture Statute – Ala. Code Section 20-2-92 Drug Crime Forfeiture

    Alabama Forfeiture Statute – Ala. Code Section 20-2-92 Drug Crime Forfeiture
    A common problem faced by people arrested on drug charges in Alabama is that law enforcement is also seeking to seize their property under Alabama’s forfeiture statute. Because this issue arises so frequently in court, we have copied…
  • Jan 25

    Motion for Mistrial for undisclosed evidence in Alabama felony cases must be timely made

    Motion for Mistrial for undisclosed evidence in Alabama felony cases must be timely made
    There are a variety of situations in Alabama criminal trials that may cause a judge to declare a mistrial, or at least cause one of the attorneys to request one. One of the times where a motion for a mistrial may be appropriate is where…
Rank this Week: 3264

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/
  • Jan 17

    Writ to Watch: O’Grady v. State

    Writ to Watch: O’Grady v. State
    On January 19, 2017, the HAWSCT will hear oral arguments in Michael Patrick O’Grady and Leiloni O’Grady vs. State of Hawaii, State Department of Transportation, et. al, SCAP-1409991363, a case the court accepted on transfer to review the…
  • Jan 12

    Writ to Watch: Hyland v. Gonzale

    Writ to Watch: Hyland v. Gonzale
    On January 19, 2017, the HAWSCT will hear oral arguments in Lanric Hyland v. Ronald Gonzales and Stewart Maeda, in his official capacity as Hawaii County Clerk, SCWC-15-0000053, a case involving the timeliness of an appeal from a decision…
  • Jan 10

    Writ to Watch: In the Matter of the Estate of Samuel M. Damon

    Writ to Watch: In the Matter of the Estate of Samuel M. Damon
    On January 5, 2016, the HAWSCT heard oral arguments in a case involving a trust created under the will of Samuel M. Damon: SCWC-12-0000731, In the Matter of the Estate of Samuel M. Damon, Deceased, and Trust Created Under the Will of Samuel…
Rank this Week: 3442

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Jan 16

    How I Learned to Stop Worrying and Love Formal Bills of Exception

    How I Learned to Stop Worrying and Love Formal Bills of Exception
    Appellate lawyers are the legal equivalent of a parent that you call to help navigate life’s uncertainties. In action, this means that appellate lawyers receive phone calls regarding obscure areas of law or rarely utilized procedures.…
  • Jan 3

    More on iPads and Appellate Argument

    More on iPads and Appellate Argument
    Happy New Year! After seeing my recent post on how I’m using my iPad Pro for appellate arguments, the good folks at the Texas Bar Journal asked if I’d like to publish a version of it in print. That version appears in the…
  • Dec 2

    Demanding a Recount: Appealing Election Challenge

    Demanding a Recount: Appealing Election Challenge
    The recent election reminded me of a brush that I had with election-related appeals. A few years ago, I fervently drafted a brief in a primary-contest appeal under a looming deadline. As I neared completion, my pregnant wife called to inform…
Rank this Week: 1932

TCB's Legal Blog

TCB's Legal Blog

Criminal defense news. By Thomas C. Brandstrader.

http://chicagofelony.com/legal-posts/
  • Jan 15

    Martindale-Hubbell Review rating – Judicial edition

    Martindale-Hubbell Review rating – Judicial edition
    Originally posted on CHICAGO CRIMINAL DEFENSE: The American Legislative Exchange Council (ALEC) is a nonprofit organization of conservative state legislators and private sector representatives that drafts and shares model state-level…
  • Jan 15

    Martindale-Hubbell Review rating – Judicial edition

    Martindale-Hubbell Review rating – Judicial edition
    Originally posted on CHICAGO CRIMINAL DEFENSE: The American Legislative Exchange Council (ALEC) is a nonprofit organization of conservative state legislators and private sector representatives that drafts and shares model state-level…
  • Dec 15

    Martindale-Hubbell Review rating – Judicial edition

    Martindale-Hubbell Review rating – Judicial edition
Rank this Week: 2329

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/
  • Jan 10

    “Do-Over” Arbitrations—Appeals Without Appellate Rules?

    “Do-Over” Arbitrations—Appeals Without Appellate Rules?
    Are the commonly accepted features of arbitration—speed and finality—being watered down by rules permitting a second arbitration that expose parties to delays and significantly increased expenses? In a recently published decision,…
  • Aug 2

    California’s Anti-SLAPP Statute Untangled

    California’s Anti-SLAPP Statute Untangled
    On August 1 the California Supreme Court finally resolved a split of authority among California’s appellate courts over operation of the anti-SLAPP statute, Code of Civil Procedure section 425.16, in the mixed cause of action…
  • Mar 17

    Prevailing Party Costs Under CCP Section 1032

    Prevailing Party Costs Under CCP Section 1032
    The California Supreme Court recently held that a plaintiff who obtains a monetary settlement and dismisses the action is the prevailing party entitled to statutory costs under Code of Civil Procedure section 1032. DeSaulles v. Community…
Rank this Week: 4399

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: 3324

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
  • Oct 28

    A light-hearted Friday post: what is the standard of music on appeal?

    A light-hearted Friday post: what is the standard of music on appeal?
    I wrote last year about In re Christopher B., case no. C077467 (3rd Dist. Sept. 28, 2015), a cautionary tale about a trial court’s “clarification” of its order (read: “void modification for lack of…
  • Sep 20

    Appellate judge Alex Kozinski addresses the dangers of unsettled science in the courtroom

    Appellate judge Alex Kozinski addresses the dangers of unsettled science in the courtroom
    Or, as the headline over Judge Kozinski’s opinion piece in today’s Wall Street Journal calls it, “voodoo science.” And what this justice on the Ninth Circuit Court of Appeals (a federal appellate court)…
  • Sep 16

    Will appeals lawyers be replaced by computers?

    Will appeals lawyers be replaced by computers?
    Technology has been displacing low-wage and less-skilled workers for a long time. Is it time for white collar professionals – including lawyers – to fear they are next? At  The American Interest blog: “Venture…
Rank this Week: 2073

Due Process Advocacy

Due Process Advocacy

Advocacy for criminal due process and changing the ruling in Arizona v Youngblood.

http://www.due-process.org
Rank this Week: 1358

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Sep 25

    The Antique Firearm Exception to Florida’s Felon-in-Possession Statute

    The Antique Firearm Exception to Florida’s Felon-in-Possession Statute
    Jacek Stramski | The Supreme Court recently clarified the antique firearm exception to Florida’s “felon-in-possession” statute. The exception excludes antique firearms from the general probition on possessing firearms by…
  • Sep 18

    Court Orders New Mayoral Election for Miami Garden

    Court Orders New Mayoral Election for Miami Garden
    Jacek Stramski | The City of Miami Gardens will have to hold a second election for mayor after the Florida Supreme Court invalidated the election held on August 30, 2016. In Wright v. City of Miami Beach (SC16-1518), the Court
  • Jul 9

    When is an Accident a Crash under Florida’s Hit and Run Statute?

    When is an Accident a Crash under Florida’s Hit and Run Statute?
    Jacek Stramski | On July 7, the Supreme Court of Florida considered what it means for a vehicle to be “involved in a crash” for purposes of section 316.027, Florida Statutes. Gaulden v. State (SC14-399). The Court concluded in a
Rank this Week: 2259

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
Rank this Week: 4292

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: 2780

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/
  • Dec 4

    Florida's Ban on Credit Card Surcharges Declared Unconstitutional

    Florida's Ban on Credit Card Surcharges Declared Unconstitutional
    You may have gone to pay for a purchase and been told by the store owner that there was an extra charge to pay by credit card. And you've undoubtedly gone to a gas station with two sets of prices: lower prices for cash and higher prices for…
  • Sep 18

    Foreclosure Appeals -- Part 2 -- Unique Issue

    Foreclosure Appeals -- Part 2 -- Unique Issue
    Continuing from my last post, this post (also excerpted/adapted from my CLE presentation o the Florida Bar Appellate Practice Section) outlines some unique legal issues that arise in foreclosure appeals.   Attorney’s…
  • Sep 16

    Foreclosure Appeals -- Unique Issues and Broader Impact

    Foreclosure Appeals -- Unique Issues and Broader Impact
    [The following is excerpted/adapted from a Continuing Legal Education (CLE) presentation I gave earlier this year for the Florida Bar Appellate Practice Section's Monthly CLE Teleconference. Because the lecture was too long for one post, I'm…
Rank this Week: 3932

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: 3597

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: 4510

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: 3931

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: 4670

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: 3954

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: 1497

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: 1316

Smythe PC Blog

Smythe PC Blog

Covers appellate law.

http://appeals.me/smythe-pc/
Rank this Week: 2752