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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 15

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Apr 22

    Petition of the day

    Petition of the day
    The petition of the day is: Amgen Inc. v. Harris 13-888 Issue: (1) Whether the Ninth Circuit erred in holding that respondents, in seeking to prove their claims under the Employee Retirement Income Security Act (ERISA), could…
  • Apr 22

    Opinion analysis: Big new role for anonymous tipster

    Opinion analysis: Big new role for anonymous tipster
    Analysis Starting with one unproved claim from an unknown source, letting it lead to a supposition, and then allowing it to justify taking action, the Supreme Court in a closely divided ruling Tuesday gave police broad new…
  • Apr 22

    Evening round-up: Schuette v. Coalition to Defend Affirmative Action

    Evening round-up: Schuette v. Coalition to Defend Affirmative Action
    This morning, a divided Court upheld an amendment to the Michigan constitution that prohibits the use of affirmative action by public universities in admissions.  Justice Kennedy announced the judgment of the Court in an opinion that was…
Rank this Week: 18

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 22

    Open PJ Spots in 2/1 AND 2/3?

    Open PJ Spots in 2/1 AND 2/3?
    The JNE Commission is circulating a questionnaire to evaluate Justice Rothschild "for Presiding Justice, Second District Court of Appeal, Divisions One and Three."Division One is missing a PJ since Justice Mallano retired earlier this year,…
  • Apr 21

    Another name in the hopper for the 2d DCA

    Another name in the hopper for the 2d DCA
    Today's MetNews reports Ventura Judge Tari Cody Being Considered for Court of Appeal. Presumably that would be for the spot on 2/6. "The MetNews previously reported that Los Angeles Superior Court Judges John Segal, Luis Lavin, Helen Bendix,…
  • Apr 21

    More analogies: How to attract a Supreme Court's attention

    More analogies: How to attract a Supreme Court's attention
    On Friday, Law360 Appellate offered 5 Tips For Winning Over The Texas Supreme Court, a report from a program presented to the appellate sections of the Texas State Bar and Austin Bar Ass'n. Not surprisingly, the Texas Supreme Court is…
Rank this Week: 2289

Innocence Blog

Innocence Blog

The legal blog of theInnocence Project founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University to assist prisoners who could be proven innocent through DNA testing.

http://www.innocenceproject.org/news/Blog.php
  • Apr 22

    Rethinking the Value of Eyewitness Identification

    Rethinking the Value of Eyewitness Identification
    Despite decades of research disproving the reliability of eyewitness identification, the courts still rely on the practice to win convictions. The Associated Press reported that as a response to the errors of misidentification, a small group…
  • Apr 21

    In Memoriam of Rubin 'Hurricane' Carter

    In Memoriam of Rubin 'Hurricane' Carter
    Photo: Rubin Carter enjoys himself at the Innocence Project's 2012 Celebration of Freedom & Justice. Innocence Project Executive Director Maddy deLone talks with Cornelius Dupree in the background.Rubin "Hurricane" Carter, who served…
  • Apr 21

    Innocence Network Journalism Award Winner Talks Wrongful Conviction

    Innocence Network Journalism Award Winner Talks Wrongful Conviction
    Andrew Cohen, this year's Innocence Network Journalism Award Winner, wrote about innocence advocacy efforts in his Exoneration Nation column, Friday. Cohen was given the award at the Innocence Network Conference in Portland, OR, which was…
Rank this Week: 420

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: 1267

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 22

    In Re Ashley F. (Cal. Ct. App. - April 22, 2014)

    In Re Ashley F. (Cal. Ct. App. - April 22, 2014)
    We all know that parenting in California in the modern era is not like parenting elsewhere in the "old days."  Particularly when it comes to the physical discipline of children.  There's no doubt that there's a variety…
  • Apr 21

    People v. Garcia (Cal. Ct. App. - Feb. 13, 2014)

    People v. Garcia (Cal. Ct. App. - Feb. 13, 2014)
    Here's something you don't see every day.It's a murder case.  In which defendant was convicted 35 years after he committed the murder.  We don't have many cases bouncing around the system any more for events that transpired a…
  • Apr 18

    In Re Marriage of Metzger (Cal. Ct. App. - March 25, 2014)

    In Re Marriage of Metzger (Cal. Ct. App. - March 25, 2014)
    I'm not sure who's at fault in this divorce case:  Tammy, Raphael, or both.  But it's long, expensive and seemingly full of vitriol.Did I mention that Raphael's an attorney?  Who's representing himself?  Well, he is.The…
Rank this Week: 253

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/
  • Apr 22

    Contractual Attorney Fees in California: Which Statute Applies?

    Contractual Attorney Fees in California: Which Statute Applies?
    A recurring theme in my recent Daily Journal publications has been the rough doctrinal fit between operation of Civil Code section 1717 and Code of Civil Procedure section 1021 and section 1032. Section 1717 has been…
  • Jan 8

    Contractual Attorney Fee Provisions: Words Matter

    Contractual Attorney Fee Provisions: Words Matter
    This blog entry provides an analytical metric for double-checking assumptions about application of Civil Code section 1717 and contractual attorney fee awards.  As the case law demonstrates, it is easy to…
  • Dec 16

    ‘Tis the Season for Social Host Liability

    ‘Tis the Season for Social Host Liability
    With Christmas just around the corner, the holiday season is well underway.  For many, this means that the next few weeks will be filled with buying and wrapping gifts, baking and decorating cookies, listening to festive…
Rank this Week: 620

TCB's Legal Blog

TCB's Legal Blog

Criminal defense news. By Thomas C. Brandstrader.

http://chicagofelony.com/legal-posts/
  • Apr 22

    Uh Oh…look out below….

    Uh Oh…look out below….
    The issue before the Court in Navarette v. California, No. 12-9490 was:Whether the Fourth Amendment requires an officer who receives an anonymoustip regarding a drunken or reckless driver to corroborate dangerous drivingbefore stopping the…
  • Feb 9

    Please read….

    Please read….
    Nicholas Kristof’s article in Sunday New York Times…”Inside a Mental Hospital called Jail.” What has happened to this country to let this situation develop? Read the article here:…
  • Feb 3

    Phillip Seymour Hoffman

    Phillip Seymour Hoffman
    Thoughts about a genius and his addiction- I have always believed the mark of a great artist is the ability to make the observer uncomfortable. Hoffman’s performance in Boogie Nights was a perfect example, brilliant in its conveyance of…
Rank this Week: 2727

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 21

    Patent Law Historical Observations: Oil and Ga

    Patent Law Historical Observations: Oil and Ga
    By McCarthy Tétrault LLP The following article by Steven Tanner and Timothy Ellam may be of interest to readers of this blog: Patent Law Historical Observations: Oil and Gas We recently posted an article reviewing the year past in oil…
  • Apr 21

    This Week at the SCC (18/04/2014)

    This Week at the SCC (18/04/2014)
    By Hovsep Afarian A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP The Supreme Court of Canada denied leave to appeal this week in two cases of interest to Canadian business. In Re Nortel…
  • Apr 13

    This Week at the SCC (11/04/2014)

    This Week at the SCC (11/04/2014)
    A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Anthony Alexander This week, the Supreme Court of Canada granted leave to appeal in one case, and denied leave to appeal in two…
Rank this Week: 4124

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 21

    Writ to Watch: Ngo v. Queen’s Medical Center

    Writ to Watch: Ngo v. Queen’s Medical Center
    On April 15, 2014, the HAWSCT accepted cert in Cuc Thi Ngo, et al. v. The Queen’s Medical Center, et al., SCWC-30172, involving the significance of a drug’s packaging on the issue of informed consent, and whether the admitted failure to…
  • Apr 11

    Writ to Watch: Kaupulehu Land LLC v. Heirs and Assigns of Pahukula

    Writ to Watch: Kaupulehu Land LLC v. Heirs and Assigns of Pahukula
    On March 27, 2014, the HAWSCT accepted cert in Kaupulehu Land LLC v. Heirs and Assigns of Pahukula, et al., SCWC-30475, involving the issue of whether summary judgment was properly granted in a case concerting a party’s interest in property…
  • Apr 9

    HAWSCT Justice Acoba & Trends in Hawaii Jurisprudence

    HAWSCT Justice Acoba & Trends in Hawaii Jurisprudence
    On April 7, 2014, the HSBA Appellate Section hosted recently retired Hawaii Supreme Court Justice Simeon R. Acoba, Jr. Justice Acoba provided an interesting and informative presentation entitled “Trends in Hawaii Jurisprudence.” Justice…
Rank this Week: 753

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: 1145

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
Rank this Week: 4105

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 18

    Summary of April 16, 2014, conference report for civil case

    Summary of April 16, 2014, 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 16, 2014.  The summary includes those civil cases in which (1) review has been…
  • Apr 16

    Will the court have seven permanent justices for its September calendar?

    Will the court have seven permanent justices for its September calendar?
    It’s now been over two months since Justice Kennard announced her retirement, which became effective just 11 days ago.  Next month will be the court’s first oral argument calendar without her, and will feature 12…
  • Apr 11

    Summary of April 9, 2014 conference report for civil case

    Summary of April 9, 2014 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 9, 2014.  The summary includes those civil cases in which (1) review has been…
Rank this Week: 3547

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
Rank this Week: 2104

Circuit Splits

Circuit Splits

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

http://www.circuitsplits.com/
  • Apr 17

    ARTICLE: Circuits Split over Summary Judgment Denial

    ARTICLE: Circuits Split over Summary Judgment Denial
    Professor Joan E. Steinman has an interesting new article posted on SSRN that discusses an important circuit split: The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable? Here is the abstract: An important aspect…
  • Apr 16

    AZ Appellate Court Discusses Split Among Federal Circuits Over Evidentiary Rule

    AZ Appellate Court Discusses Split Among Federal Circuits Over Evidentiary Rule
    Recently, in Glazer v. State, an Arizona Court of Appeals discussed an interesting pslit among the federal circuit courts over the admissibility of evidence, and then skirted the issue itself. Here is the relevant excerpt: The State argues…
  • Apr 15

    Third Circuit Upholds SORNA Against Nondelegation Challenge

    Third Circuit Upholds SORNA Against Nondelegation Challenge
    On April 10, the Third Circuit upheld the Sex Offender Registration and Notification Act (SORNA) against an interesting nondelegation challenge - in U.S. v. Cooper. SORNA applies retroactively to sex offenders convicted before the enactment…
Rank this Week: 829

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/
Rank this Week: 3798

California Appellate Lawyer Blog

California Appellate Lawyer Blog

Covers California appellate court decisions. By Dowling Aaron Incorporated.

http://www.californiaappellatelawyerblog.com/
Rank this Week: 1406

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 15

    Steinman on Appellate Review of Summary Judgment Denial

    Steinman on Appellate Review of Summary Judgment Denial
    Joan Steinman, Distinguished Professor of Law at Chicago-Kent School of Law, posted a piece on SSRN: The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable? Steinman is a co-author of the excellent text, Appellate…
  • Apr 13

    Advice To Advocates From The Bench

    Advice To Advocates From The Bench
    As a follow-up to yesterday's post, another presenter at the Black Lung CLE was Judge William S. Colwell, a lifetime appointed federal Associate Chief Judge with the U.S. Department of Labor. Judge Colwell shared the following advice to…
  • Apr 12

    Keep Jargon Out Of Your Brief And Argument

    Keep Jargon Out Of Your Brief And Argument
    Appellate advocates, and attorneys in general, need to be mindful that while it is important to know the jargon and "shop speak" relative to your client's industry, it might not be apropos to utilize this jargon in written and…
Rank this Week: 2450

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/
  • Apr 13

    A Bad Court Reporter can Ruin Your Day . . . and Your Appeal

    A Bad Court Reporter can Ruin Your Day . . . and Your Appeal
      Years ago, I was told that the definition of comedy is “bad things happening to other people.”  In the movies, we laugh when someone takes a big tumble, but we know if we were to fall we wouldn’t want…
  • Mar 13

    Finding the Passion in Practicing Law

    Finding the Passion in Practicing Law
    Last week I helped a friend with her small claims appeal.  Even though they call it an “appeal,” a small claims appeal is really a rehearing.  At the initial hearing, she lost and owed the plaintiff almost $6,000. …
  • Feb 24

    Hey, what happened to the attorney-client privilege?

    Hey, what happened to the attorney-client privilege?
    In this new age of social media, attorneys have to be especially careful about protecting their communications with their clients.  I try to avoid having important or confidential communications through e-mail.  I even worry about…
Rank this Week: 4435

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/
  • Apr 11

    When Do Binding Cases Begin to Bind?

    When Do Binding Cases Begin to Bind?
    The South Carolina Supreme Court recently clarified when its decisions apply to all similar circumstances or only those that arise after the decision is rendered. In civil cases, decisions are presumptively retroactive. For the decision to…
  • Apr 1

    What May Trial Judges Do After an Appeal?

    What May Trial Judges Do After an Appeal?
    South Carolina appeals generally oust a trial judge’s jurisdiction. This makes sense if the appeal is from a final judgment because there is little left for the trial judge to do. But even then the trial court still has a…
  • Mar 21

    In SC, Only the Aggrieved Can Appeal

    In SC, Only the Aggrieved Can Appeal
    Last Wednesday, the South Carolina Court of Appeals ruled that you generally can’t appeal or seek to alter and amend an order entered against your co-defendants. You are not “aggrieved” by the orders. Gathers…
Rank this Week: 3807

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: 1919

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/
  • Apr 9

    Leave Granted in Labor Law 240(1) Billboard Fall Claim

    Leave Granted in Labor Law 240(1) Billboard Fall Claim
    The Court of Appeals just granted leave to appeal in Saint v. Syracuse Supply Co., where the plaintiff was injured in a fall on an elevated billboard (he fell from one level of the billboard to a catwalk, but not completely off of the…
  • Mar 19

    Security Guard's Acts Found to Be Outside The Scope of His Employment

    Security Guard's Acts Found to Be Outside The Scope of His Employment
    In Ali v. State of New York, the claimant was standing in the waiting area of the New York State Workers' Compensation Board when he overheard a nearby security guard talking on a cell phone.  The security guard apparently learned of his…
  • Mar 19

    First Department Holds Plaintiff's Use of A-frame Ladder In Closed Position Not Sole Proximate Cause

    First Department Holds Plaintiff's Use of A-frame Ladder In Closed Position Not Sole Proximate Cause
    In Fernandez v. 213 E. 63rd St. LLC, the First Department affirmed partial summary judgment on liability in favor of plaintiff pursuant to Labor Law 240(1), where plaintiff testified that the A-frame ladder he was using "kicked out," causing…
Rank this Week: 1363

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
  • Apr 8

    A substantial evidence argument works on appeal

    A substantial evidence argument works on appeal
    Substantial evidence challenges don’t succeed very often on appeal, so I sat up and took notice when I saw a successful challenge to the sufficiency of the evidence in today’s decision in Martinez v. County of Ventura, case no.…
  • Mar 27

    What happens when standards of review collide?

    What happens when standards of review collide?
    Sometimes . . . nothing. As in Pielstick v. MidFirst Bank, case no. B247106 (2d Dist. Mar 26, 2014), in which the court was asked to reverse the trial court’s refusal to allow a plaintiff to voluntarily dismiss his suit after the…
  • Mar 24

    The consequences of reluctant unanimity in appellate decision

    The consequences of reluctant unanimity in appellate decision
    Through LinkedIn, I ran across an interesting appellate blog, Briefly Writing. In a post yesterday, blogger Michael Skotnicki shared his alarm at learning from the Eleventh Circuit’s chief judge that panel judges that initially dissent…
Rank this Week: 574

The Federal Criminal Appeals Blog

The Federal Criminal Appeals Blog

Covers federal appellate opinions from criminal cases where the defense won. By the Kaiser Law Firm PLLC.

http://www.federalcriminalappealsblog.com/
  • Apr 7

    Short Wins - The "the victims a person is convicted of defrauding have to be the same ones as the ones he was indicted for defrauding" edition

    Short Wins - The "the victims a person is convicted of defrauding have to be the same ones as the ones he was indicted for defrauding" edition
    Last week was a busy week in the federal circuits. There's a lot there to be interested in, especially if you have a case at the intersection of mental health issues and the law. If, however, your interests are a bit more prosaic, you might…
  • Apr 1

    Short Wins - The Forfeiture Order Gets Reversed Version

    Short Wins - The Forfeiture Order Gets Reversed Version
    There were a handful of good wins in the federal circuits last week. Notably, United States v. Annabi, pushed back on a government forfeiture because the language in the indictment was inadequate. Forfeiture is a huge issue in criminal cases…
  • Mar 28

    Short Wins - The Smurfing Edition

    Short Wins - The Smurfing Edition
    The big news in this edition of Short Wins is United States v. Abair - a simply crazy Seventh Circuit. I already wrote about it for a general legal audience on Above the Law (Inspector Javert Goes Smurfing in Indiana) - for our purposes,…
Rank this Week: 1926

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 7

    Appellate Sections Once Again Co-Sponsoring SCOTX Event

    Appellate Sections Once Again Co-Sponsoring SCOTX Event
    The Appellate Sections of the State Bar of Texas and the Austin Bar Association are co-sponsoring a program entitled “An Evening with the Texas Supreme Court.” This event—previously held in 2008, 2010, and 2012—will…
  • Apr 4

    SCOTX: Postjudgment Interest—All Accrual Dates Are Not Created Equal

    SCOTX: Postjudgment Interest—All Accrual Dates Are Not Created Equal
    Statutes that appear clear are oft fraught with unanswered questions. This is unsurprising, as drafters cannot anticipate every scenario when crafting legislation. Falling into that vein, last week, the Texas Supreme Court decided a…
  • Jan 13

    I, Juror No. 3

    I, Juror No. 3
    Since I became a practicing lawyer, I’ve been called for jury duty four times: twice in Dallas County (where I lived from 1997 to 2003), and twice in Travis County (where I live now). This past week, I served my second stint as an…
Rank this Week: 1113

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Apr 5

    Appellate Judges Tell Dallas Lawyers How to Handle an Appeal

    Appellate Judges Tell Dallas Lawyers How to Handle an Appeal
    The Dallas Bar Association Judiciary Committee recently hosted a panel discussion with three prominent appellate judges.  Catharina Haynes is the only federal appellate judge in the Dallas-Fort Worth area.  After years of sitting as…
  • Feb 26

    KTVT CBS 11 interview regarding recent appellate opinion

    KTVT CBS 11 interview regarding recent appellate opinion
    A couple of weeks ago, I was interviewed by a KDFW Fox 4 reporter regarding constitutional claims raised in recent litigation. Yesterday, I was interviewed by a KTVT CBS 11 reporter regarding an entirely different set of constitutional…
  • Feb 13

    KDFW Fox 4 interview regarding constitutional claim

    KDFW Fox 4 interview regarding constitutional claim
    I was interviewed by a KDFW Fox 4 reporter regarding constitutional claims raised in recent litigation.
Rank this Week: 4177

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: 1126

Nebraska Litigation & Trial…

Nebraska Litigation & Trial Advisor

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

http://nebraskalitigationadvisor.com/
  • Mar 27

    AAJ Regional Trial Competition

    AAJ Regional Trial Competition
    Last week I noted that I would be assisting with the AAJ Regional Trial Competition held in Omaha.  I served as a judge for what was, in my view, a very close round between two good teams.  Here are some … Continue reading…
  • Mar 21

    Nebrasketball and McDermott; A Retrospective

    Nebrasketball and McDermott; A Retrospective
    Today is a pretty exciting day for the state of Nebraska.  Both Creighton University and the University of Nebraska-Lincoln are in the men’s NCAA Tournament.  The Nebraska women won the B1G Tournament and also picked up a 4…
  • Mar 18

    Judging AAJ Regional Trial Competition

    Judging AAJ Regional Trial Competition
    This week Omaha plays host to a regional trial competition sponsored by the American Association for Justice.  Nine law schools from the Midwest region will send a total of 16 teams to compete.  I, along with many of my Omaha…
Rank this Week: 3945

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 25

    Future Obligations and Finality Problems: Nix v. Nix

    Future Obligations and Finality Problems: Nix v. Nix
    Nix v. Nix The Arkansas Court of Appeals recently handed down its decision in Nix v. Nix, 2014 Ark. App. 162.   Nix was a divorce case in which the husband appealed, arguing that the trial court had erred: (1) in finding that a…
  • Mar 12

    The Rule 54(b) Certificate Requirement of “Specific Factual Findings”: Billingsley v. Benton NWA Properties, LLC

    The Rule 54(b) Certificate Requirement of “Specific Factual Findings”: Billingsley v. Benton NWA Properties, LLC
    As we have discussed previously, Rule 54(b) of the Arkansas Rules of Civil Procedure allows a court to issue a final judgment as to certain claims or parties (when multiple claims or parties are involved).  By doing so, the trial court…
  • Mar 4

    History Made with Arkansas’s First Majority-Female Supreme Court

    History Made with Arkansas’s First Majority-Female Supreme Court
    Judge Rhonda Wood’s Unopposed Election Leads to First Female-Majority Arkansas Supreme Court With the filing period officially closed and all judicial candidates announced, the Arkansas Supreme Court will, for the first time in history,…
Rank this Week: 2199

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 25

    Florida Courts' Jurisdiction Over Foreign Assets Curtailed

    Florida Courts' Jurisdiction Over Foreign Assets Curtailed
    Courts' power to do justice in civil cases depends on their ability to enforce their judgments, i.e., to compel parties to pay up when they are found liable. But courts are also wary of extending their power outside of their own territory,…
  • Mar 13

    Late Disclosure in Chapter 13 Bankruptcy Doesn't Prevent Pursuit of a Claim

    Late Disclosure in Chapter 13 Bankruptcy Doesn't Prevent Pursuit of a Claim
    Florida's Third District Court of Appeal (in Miami) recently reaffirmed that making a mistake in one's bankruptcy filings is not necessarily fatal. The decision reversing summary judgment in Montes v. Mastec North America, Inc., No.…
  • Feb 3

    Can Judges Be Facebook Friends With Lawyers?

    Can Judges Be Facebook Friends With Lawyers?
    Is a Facebook friendship really a friendship? Can judges be "friends" with attorneys on Facebook? Florida judges and legal ethicists have been debating these questions for more than four years. Florida District Courts of Appeal have now begun…
Rank this Week: 3649

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 23

    Aldermen’s Appeal Of Victorious Referendum Moot

    Aldermen’s Appeal Of Victorious Referendum Moot
    More than 58 percent of the voters in Country Club Hills, Illinois passed a referendum that reduced the number of city aldermen from 10 to five. About three weeks later, a group of unhappy aldermen sued the county clerk. They asked the trial…
  • Feb 12

    Second Order Allowing Interlocutory Appeal Fails To Save Appellate Jurisdiction

    Second Order Allowing Interlocutory Appeal Fails To Save Appellate Jurisdiction
    After he was injured in an accident, Juan Zamora sued his employer, Newsboy Delivery Systems, and two individuals, Cherie and Richard Payne. Zamora claimed their negligence caused the accident. The trial court dismissed Newsboy because…
  • Feb 6

    Trucker’s Failure To Raise Commerce Clause Defense Dooms Tax Appeal

    Trucker’s Failure To Raise Commerce Clause Defense Dooms Tax Appeal
    Witte Brothers is an intersate trucking company. After an audit, under protest, Witte paid Illinois for “pass-through” miles [distance driven in Illinois without picking up or delivering goods]. Witte sued Illinois for…
Rank this Week: 2985

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog
  • Feb 21

    Lawyer Gifts – Recommended Books for New Lawyers or Law Student

    Lawyer Gifts – Recommended Books for New Lawyers or Law Student
    I am sometimes asked by new lawyers or law students if there are any books I would recommend that they read as part of developing their career in the legal profession. The specific books I recommend may vary according to the particular…
  • Feb 20

    Avvo and Alabama Law – Useful but Beware of Bad Legal Advice on Avvo

    Avvo and Alabama Law – Useful but Beware of Bad Legal Advice on Avvo
    Avvo.com is a useful website where you can learn about attorneys, post questions, and get free legal advice on a variety of topics on Alabama law. I have written several articles about Avvo in the past when I wrote for About.com, and overall…
  • Jan 27

    Etowah County Criminal Defense – Electronic Filing Returns for Criminal Case

    Etowah County Criminal Defense – Electronic Filing Returns for Criminal Case
    Etowah County Presiding Circuit Judge Wm. Allen Millican issued an order earlier this month permitting attorneys to use electronic filing for motions, documents, and orders in criminal cases. While most courts in the State of Alabama have…
Rank this Week: 3654

Appealing Decisions

Appealing Decisions

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

http://www.flaappellatecounsel.com/
  • Jan 29

    Florida Supreme Court Closes Loophole in Condominium Act

    Florida Supreme Court Closes Loophole in Condominium Act
    This week, the Florida Supreme Court issued an opinion in the case of North Carillon, LLC vs. CRC 603, LLC, et al.  (Case No. SC12-75).  The case involved interpretation a provision of the Florida’s Condominium Act (Chapter…
  • Dec 30

    What Does an Appellate Lawyer Do?

    What Does an Appellate Lawyer Do?
    Most people understand the primary function of an appellate attorney:  to research and write appellate briefs and present oral arguments to the appellate panel.  However, many people, including lawyers, are not aware of…
  • Sep 19

    Delayed Discovery Doctrine Held Not to Apply to Negligence Actions Involving Child Sexual Abuse

    Delayed Discovery Doctrine Held Not to Apply to Negligence Actions Involving Child Sexual Abuse
    In an opinion filed on September 4, 2013, the Third District Court of Appeal held that the delayed discovery doctrine does not apply to extend the statute of limitations in a negligence action arising out of allegations of child sexual…
Rank this Week: 3730

Peter Smythe, P.C. Blog

Peter Smythe, P.C. Blog

Covers appellate advocacy and intellectual property law.

http://appeals.me/peter-smythe-pc/
  • Nov 22

    Tarrant County Judge Blasts Jury for Not-Guilty Verdict

    Tarrant County Judge Blasts Jury for Not-Guilty Verdict
    David Tran was charged with DWI, and decided on a jury trial. A jury found him not guilty after having harboring doubts about the Intoxilyzer device officers used during his arrest. After hearing the verdict, visiting judge Jerry Ray…
  • Nov 6

    Conviction for Hoarding Password Affirmed

    Conviction for Hoarding Password Affirmed
    Terry Childs was the principal network engineer for the Department of Telecommunications and Information Services of the City and County of San Francisco. He set up the city's computer system where he was the only person with access to the…
  • Oct 25

    A Government with Too Much Power

    A Government with Too Much Power
    In United States v. Maloney, border agents stopped a guy who was driving a big rig, and uncovered 112 sealed packages of marijuana weighing north of 320 lbs. The defendant claimed he had been set up. In the government's rebuttal closing, the…
Rank this Week: 3639

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: 3976

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

    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…
  • Dec 31

    Supreme Court Issues Administrative Order Regarding Revisions to Family Court Coversheet

    Supreme Court Issues Administrative Order Regarding Revisions to Family Court Coversheet
    In conjunction with the development of the Family Court Case Management System and the Child Support Enforcement System, the Family Court Coversheet has been revised to improve statistical information and reporting in Family Court.  Click…
Rank this Week: 4975

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: 3345

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: 1153

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: 1538

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: 997