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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: 3410

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog
  • May 19

    Alabama ‘McLendon standard’ in child custody modification appeal

    Alabama ‘McLendon standard’ in child custody modification appeal
    Our Alabama appellate law practice often handles custody issues in post-divorce modification cases. These are situations where the parties have already gone through a divorce, one party was awarded custody, and then the other party has later…
  • May 19

    AAJ Paralegal of the Year Award – Nominations Now Open

    AAJ Paralegal of the Year Award – Nominations Now Open
    The American Association for Justice (AAJ) is now accepting nominations for their Paralegal of the Year Award for 2014. Sponsored by Advocate Capital, the award is to recognize the work of Paralegal Affiliate members…
  • May 7

    Alabama Appellate Briefs – Citation to the Record on Appeal

    Alabama Appellate Briefs – Citation to the Record on Appeal
    An issue that sometimes arises in Alabama appellate court practice is the failure of a party to provide proper citations to the record on appeal. The record on appeal refers to the compilation of the trial transcript, trial exhibits, and the…
Rank this Week: 2330

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/
  • May 4

    Refresher on Filing Notices of Appeal

    Refresher on Filing Notices of Appeal
                    In a recent family law case, In re Marriage of Lin (2014) _ Cal.App.4th _, the appellate court described the actual time limits for civil appeals.  According to…
  • 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. …
Rank this Week: 4426

Appealing Decisions

Appealing Decisions

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

http://www.flaappellatecounsel.com/
  • Jul 17

    Failure to Preserve Error Costs Plaintiff a New Trial

    Failure to Preserve Error Costs Plaintiff a New Trial
    Preservation of error is an issue that is discussed so frequently by appellate lawyers that it tends to be met with eye rolls by other lawyers. However, we keep talking about preservation of error because it is one of few … Continue…
  • May 15

    Late-Filed Civil Appeals a Nonstarter

    Late-Filed Civil Appeals a Nonstarter
    What should a civil litigant do when he or she is made aware of the entry of a final judgment after the expiration of the appeal period?  The First District Court of Appeal reminds us in an opinion issued in Sharpe v.…
  • Apr 28

    Addressing Preservation of Error

    Addressing Preservation of Error
    One of the more difficult topics to broach with a litigant who is consulting regarding an appeal is the issue of “preservation of error.”  At its core, the appellate process is concerned, not with who was right and who was…
Rank this Week: 3313

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/
  • Jul 14

    Will the Hobby Lobby decision benefit Guantanamo detainees?

    Will the Hobby Lobby decision benefit Guantanamo detainees?
    It should, according to lawyers for detainees at Guantanamo, in arguing motions last week filed with the D.C. District Court on behalf of two hunger-striking detainees in the wake of Burwell v. Hobby Lobby Stores, Inc. The motions seek…
  • Jul 12

    A Fine Line Between Persuasion and Argument

    A Fine Line Between Persuasion and Argument
    One of the rookie mistakes every lawyer makes at some point is confusing persuasion for argument. Merriam-Webster says that argument is “a statement or series of statements for or against something; a discussion in which people express…
  • Jul 11

    Marin K. Levy: Judging Justice on Appeal

    Marin K. Levy: Judging Justice on Appeal
    Marin K. Levy (Duke) has a new article, Judging Justice on Appeal, 123 Yale L. Journal 2386 (2014), a review of the 2012 monograph, Injustice on Appeal: The United States Courts of Appeals in Crisis by William M. Richman and...
Rank this Week: 2327

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: 428

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/
  • May 15

    We Endorse Tim Cullen Over Robin Wynne for Arkansas Supreme Court

    We Endorse Tim Cullen Over Robin Wynne for Arkansas Supreme Court
    We Support Tim Cullen for Supreme Court This blog is mostly read by lawyers, but around election time, a lot of voters (who are not necessarily lawyers) visit our blog to learn about the candidates running for appellate court positions.…
  • May 14

    Arkansas Supreme Court’s Procedural Ruling Has Practical Effect of Temporarily Stopping Same-Sex Marriages in Arkansa

    Arkansas Supreme Court’s Procedural Ruling Has Practical Effect of Temporarily Stopping Same-Sex Marriages in Arkansa
    Lack of Final Order Prevents Arkansas Supreme Court from Issuing a Stay of Pulaski County Circuit Court’s Ruling in Same-Sex Marriage Case The Arkansas Supreme Court handed down a decision late this afternoon dismissing without…
  • May 14

    Arkansas Supreme Court Releases Election Decision

    Arkansas Supreme Court Releases Election Decision
    Two big decisions from the Arkansas Supreme Court today (actually several, but four of them are about the same issue).  We will update the blog with more information later, but summaries of the decisions follow.  We’re getting…
Rank this Week: 4067

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/
  • Jul 23

    Sentencing, death penalty opinions filing tomorrow

    Sentencing, death penalty opinions filing tomorrow
    Tomorrow morning, the Supreme Court will file opinions in two criminal law cases, both of which were argued on the early-May calendar. In People v. Whitmer, the court is faced with the issue whether the defendant was properly…
  • Jul 22

    Stanford law professor Mariano-Florentino Cuéllar nominated to Supreme Court [UPDATED]

    Stanford law professor Mariano-Florentino Cuéllar nominated to Supreme Court [UPDATED]
    Governor Brown this morning announced the nomination of Mariano-Florentino Cuéllar to the Supreme Court.  Cuéllar is a law professor at Stanford.  His was among the names being mentioned for the court. …
  • Jul 18

    Summary of July 16, 2014 conference report for civil case

    Summary of July 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, July 16, 2014.  The summary includes those civil cases in which (1) review has been…
Rank this Week: 1475

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/
  • Jun 26

    Changing of the Guard at State’s High Court

    Changing of the Guard at State’s High Court
    The California Supreme Court is undergoing a few changes. Justice Joyce L. Kennard has retired and has not yet been replaced. And Justice Marvin R. Baxter is leaving at the end of the year. Much has already been written…
  • 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…
Rank this Week: 1402

California Appellate Lawyer Blog

California Appellate Lawyer Blog

Covers California appellate court decisions. By Dowling Aaron Incorporated.

http://www.californiaappellatelawyerblog.com/
Rank this Week: 4127

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/
  • Jul 23

    Los Angeles USD v. Superior Court (Cal. Ct. App. - July 23, 2014)

    Los Angeles USD v. Superior Court (Cal. Ct. App. - July 23, 2014)
    "The Los Angeles Unified School District (the District or LAUSD) has developed a statistical model designed to measure a teacher’s effect on his or her students’ performance in the California Standards Tests (CST). This model…
  • Jul 23

    Wood v. Ryan (9th Cir. - July 23, 2014)

    Wood v. Ryan (9th Cir. - July 23, 2014)
    Joseph Wood certainly has had a busy week.He killed his ex-girlfriend and her father in 1989, and was sentenced to death.  The usual appeals and habeas petitions followed.  Finally, in 2012, the Ninth Circuit affirmed the denial of…
  • Jul 22

    Gotterba v. Tavolta (Cal. Ct. App. - July 22, 2014)

    Gotterba v. Tavolta (Cal. Ct. App. - July 22, 2014)
    When I saw the caption to this opinion, I figured it'd be about that Travolta.  Sure enough, it is.Which is not all that surprising.  According to the Census Bureau, there are fewer than 100 people with the last name of Travolta in…
Rank this Week: 243

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
  • Jul 18

    Deemed Reliance in the U.S. Supreme Court

    Deemed Reliance in the U.S. Supreme Court
    By Eric Block, Andrew Matheson, Dana Peebles and Stephanie Sugar The following post on the Canadian Securities Regulatory Monitor blog may be of interest to readers of this blog: Deemed Reliance in the U.S. Supreme Court. On June 23, 2014 the…
  • Jul 15

    Halliburton: Deepening the Divide Between Certification of US and Canadian Securities Class Action

    Halliburton: Deepening the Divide Between Certification of US and Canadian Securities Class Action
    By Laurie Baptiste Everyone has been talking about the recent decision from the US Supreme Court in Halliburton Co v Erica P. John Fund Inc (Halliburton) and its rulings regarding the “fraud on the market” doctrine in US…
  • Jul 15

    US Supreme Court Clarifies Law on Warrantless Cell Phone Searches. Will the Supreme Court of Canada Follow?

    US Supreme Court Clarifies Law on Warrantless Cell Phone Searches. Will the Supreme Court of Canada Follow?
    By Marlon Hylton Lower courts in both Canada and the US have been deeply divided on the application of their respective Supreme Courts’ precedents on whether the police need a warrant to search the contents of a smart/cell phone seized…
Rank this Week: 2830

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: 2177

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Jun 14

    Court Rules on Local Red-light Camera Ordinance

    Court Rules on Local Red-light Camera Ordinance
    By Jacek Stramski The Supreme Court’s joint opinion issued Thursday in Masone v City of Aventura (SC12-644) and City of Orlando v. Udowychenko (SC12-1471) invalidated the municipal red light traffic camera enforcement systems set up by…
  • Jun 2

    Attorney’s Fees in Extraordinary Writ Proceeding

    Attorney’s Fees in Extraordinary Writ Proceeding
    By Jacek Stramski Last week the Supreme Court clarified the procedure available to a party who wishes to seek attorney’s fees in an original writs proceeding at the appellate level. The decision, issued in Advanced Chiropractic and…
  • May 22

    Court Clarifies Standard of Proof in Civil Proceedings that Involve Monetary Penaltie

    Court Clarifies Standard of Proof in Civil Proceedings that Involve Monetary Penaltie
    By Jacek Stramski Today the Florida Supreme Court unanimously clarified that where the Legislature authorizes a state agency to impose a civil penalty in a court of competent jurisdiction, the agency’s burden of proof is a preponderance…
Rank this Week: 3262

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/
  • Jul 15

    Florida Supreme Court Relies on All Writs Jurisdiction to Intervene in Redistricting Dispute

    Florida Supreme Court Relies on All Writs Jurisdiction to Intervene in Redistricting Dispute
    It is not easy to get the Supreme Court of Florida to hear a case. That is by design: the Florida Constitution was amended in 1980 to curtail the Supreme Court's jurisdiction so that it may only review a limited number of cases that fall into…
  • Jun 23

    Securities Fraud Class Actions Survive Thanks to Stare Decisi

    Securities Fraud Class Actions Survive Thanks to Stare Decisi
    The U.S. Supreme Court may not be willing to go as far some had hoped in overruling its precedents. That is the message from the Supreme Court's June 23, 2014 decision in Halliburton Co. v. Erica P. John Fund, Inc. Adherence to precedent won…
  • Jun 5

    11th Circuit Tackles Fraudulent Transfers in Ponzi Scheme

    11th Circuit Tackles Fraudulent Transfers in Ponzi Scheme
    With the collapse of multiple large scale Ponzi schemes in recent years, Federal courts in Florida and elsewhere have been wrestling with so-called "clawback" suits. The way Ponzi schemes work is that the schemers induce investors to give…
Rank this Week: 3790

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Jul 23

    "Progressives learn the hard way that the Constitution is obstructionist"

    "Progressives learn the hard way that the Constitution is obstructionist"
    "Progressives learn the hard way that the Constitution is obstructionist": Online at The Washington Post, Charles Lane has an op-ed that begins, "President Obama's plan to transform the U.S. health-care market is once again in trouble. This…
  • Jul 23

    "With All Due Deference: Ruling Defends Affirmative Action From New Challenges."

    "With All Due Deference: Ruling Defends Affirmative Action From New Challenges."
    "With All Due Deference: Ruling Defends Affirmative Action From New Challenges." Online at The New York Times, Linda Greenhouse has an essay that begins, "Given the avalanche of world-shaking news since last week, the shrug greeting the…
  • Jul 23

    "Bolstered by Ruling, Republicans Attack Health Law"

    "Bolstered by Ruling, Republicans Attack Health Law"
    "Bolstered by Ruling, Republicans Attack Health Law": Robert Pear will have this article in Thursday's edition of The New York Times. And Abby Goodnough will have an article headlined "Court Ruling On Health Care Subsidies Risks Loss of…
Rank this Week: 43

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 24

    What's the problem now, illinoisappellatelawyerblog.com?

    What's the problem now, illinoisappellatelawyerblog.com?
    “Hey, c’mon Sr. illinoisappellatelawyerblog.com. Two months between postings? How do you expect to keep your readers? We’re writing briefs. We need all this stuff you write about. Nobody else does it, at least not like you.…
  • Apr 24

    Insurer’s Arguments First Raised On Reconsideration Forfeited For Appeal

    Insurer’s Arguments First Raised On Reconsideration Forfeited For Appeal
    General contractor Kiferbaum Construction was sued by a subcontractor’s employee who was injured at the work site. Kiferbaum was represented by Jacobson & Riseborough. Kiferbaum got excess insurance from Evanston Insurance.…
  • 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…
Rank this Week: 1974

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
  • Jul 23

    Louisiana Man Still Fighting for Compensation

    Louisiana Man Still Fighting for Compensation
    Photo: Damon Thibodeaux with a photo of fellow exoneree Timothy Durham during a visit to the Innocence Project offices in December, 2013.Nearly two years after DNA testing proved a Louisiana man's innocence, the state's attorney general's…
  • Jul 22

    D.C. Man Exonerated After Hair Analysis Review

    D.C. Man Exonerated After Hair Analysis Review
    Four months after a Washington, D.C. man was cleared by DNA when the hair analysis used to convict him was found to be wrong, his conviction was vacated Monday. Kevin Martin's exoneration comes nearly one year after the Innocence Project and…
  • Jul 21

    Kentucky Woman Likely to be Exonerated

    Kentucky Woman Likely to be Exonerated
    A woman who has been granted a retrial by a Kentucky appeals court after someone else confessed they had committed the crime is likely to be exonerated, according to the Louisville Courier-Journal. Susan Jean King was convicted of…
Rank this Week: 520

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
  • Jul 23

    Yet Another Update on the Prade case: High Court Refuses to Hear Case Again

    Yet Another Update on the Prade case: High Court Refuses to Hear Case Again
    Short Summary In January of 2013, Douglas Prade was released from prison after a trial judge found him actually innocent of his ex-wife’s 1997 murder. On March 19, 2014, the Ninth District Court of Appeals unanimously reversed that…
  • Jul 22

    What Happened on Remand: State v. Darmond

    What Happened on Remand: State v. Darmond
    Case Background Demetius Darmond, along with his mother-in-law, Iris Oliver, was indicted on one count of drug trafficking and one count of drug possession. Darmond alone was also indicted on one count of possessing criminal tools and two…
  • Jul 18

    Merit Decision: Condition Precedent Language in a Contract Means Pay-if-Paid. Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp.

    Merit Decision: Condition Precedent Language in a Contract Means Pay-if-Paid. Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp.
    On July 17, 2014, the Supreme Court of Ohio handed down a merit decision in Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp., Slip Opinion No. 2014-Ohio-3095. In a 5-2 opinion authored by Justice Kennedy, the Court held that ……
Rank this Week: 1270

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/
Rank this Week: 2899

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: 1126

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: 3955

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Jul 11

    Supreme Court Hobby Lobby opinion might only directly impact two companie

    Supreme Court Hobby Lobby opinion might only directly impact two companie
    After the Dallas Business Journal published an article about the U.S. Supreme Court’s recent Hobby Lobby decision, a number of people asked me about potential impact on various business. Here are my thoughts: Despite all the attention…
  • Jul 1

    Chad Ruback interviewed live in Fox 4 studio

    Chad Ruback interviewed live in Fox 4 studio
    This morning, I gave a live interview to a Fox 4 news anchor regarding a new U.S. Supreme Court opinion. Here is the video:
  • Jun 12

    Frequently Asked Questions (FAQ) About Texas Appeal

    Frequently Asked Questions (FAQ) About Texas Appeal
    Whether you are a law student studying Texas appellate procedure or are a Texas lawyer who doesn’t regularly handle appeals, you might be in need of answers to frequently asked questions about Texas appellate law. Having been unable to…
Rank this Week: 1758

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: 2130

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: 4744

Peter Smythe, P.C. Blog

Peter Smythe, P.C. Blog

Covers appellate advocacy and intellectual property law.

http://appeals.me/peter-smythe-pc/
  • Jun 25

    Cell-Phone Searches Require a Warrant

    Cell-Phone Searches Require a Warrant
    One of the larger Fourth Amendment issues of federal criminal law has been the warrantless search of cellphones. The Fifth Circuit decided United States v. Finley in 2007, which analogized cell phones to containers and held that police could…
  • Jun 25

    Supreme-Court Writer

    Supreme-Court Writer
    Slate recently published an article asking, "What kind of writers are the justices of the Supreme Court?" In answering that question, it turned to Matt Daniels, a data scientist, who came up with a method called token analysis—a…
  • Jun 23

    The Fifth Circuit Goes High-Tech

    The Fifth Circuit Goes High-Tech
    The Fifth Circuit's Clerk, Lyle Cayce, recently gave a presentation at the University of Texas Conference on State and Federal Appeals about the Fifth Circuit's new briefing technology. Once an attorney files a brief, the Court's software…
Rank this Week: 3797

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/
  • Jul 18

    HAWSCT Defines the Public’s Right to an Open Courtroom in Criminal Proceeding

    HAWSCT Defines the Public’s Right to an Open Courtroom in Criminal Proceeding
    On July 16, 2014, the HAWSCT issued an unanimous opinion in Oahu Publications, Inc., dba The Honolulu Star-Advertiser vs. The Honorable Karen S.S. Ahn, SCPW-13-0003250, authored by Justice Pollack, holding that the public has a right to an…
  • Jul 16

    Unprofessional Conduct On Appeal Leads to Sanction

    Unprofessional Conduct On Appeal Leads to Sanction
    We’ve posted many times in the past about attorneys who have been sanctioned and called out by the courts for unprofessional conduct. Recently, the Michigan Court of Appeals sanctioned an attorney $1,000 for “disrespectful and blatantly…
  • Jul 14

    Precise Moment of Work Injury Not Necessary to Prove “Definite Time and Place” of Injury

    Precise Moment of Work Injury Not Necessary to Prove “Definite Time and Place” of Injury
    On July 11, 2014, the HAWSCT issued an unanimous opinion in Panado v. Brd. of Trustees, Employees Retirement Sys., State of Haw., SCWC-13-0000022, authored by Chief Justice Recktenwald, a case we designated as a writ to watch here, holding…
Rank this Week: 1260

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jul 23

    Petition of the day

    Petition of the day
    The petition of the day is: Dize v. Association of Maryland Pilots 13-1268 Issue: Whether, when applying the Chandris, Inc. v. Latsis thirty-percent rule—that, ordinarily, a qualifying “seaman” under…
  • Jul 23

    A gentle chiding of the Court on same-sex marriage

    A gentle chiding of the Court on same-sex marriage
    Gently chiding the Supreme Court for not making itself clear, a federal trial judge in Colorado refused on Wednesday to interpret the Justices’ recent actions on same-sex marriage as binding on lower courts.  U.S. District…
  • Jul 23

    SCOTUSblog on camera: Steven R. Shapiro (Part Three)

    SCOTUSblog on camera: Steven R. Shapiro (Part Three)
    How a changing legal landscape and the breadth and depth of civil liberties affect ACLU advocacy in and out of the courts. In this six-part interview, Steven R. Shapiro, legal director of the American Civil Liberties Union (ACLU) since 1993,…
Rank this Week: 11

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 11

    New Feed for Appellate Argument

    New Feed for Appellate Argument
    Recordings of appellate arguments in the United States Supreme Court and 10 federal circuit courts are now available from a website and twitter feed. With updates every 15 minutes, the sites let you play, search, and download…
  • Jul 1

    Lawyer Talk is Not Evidence

    Lawyer Talk is Not Evidence
    The South Carolina of Appeals yesterday confirmed that it does not ordinarily consider facts that are stated only by counsel. The case is Branch Banking and Trust Co. v. Graphic Express, LLC, No. 2014-UP-278 (S.C. Ct. App. filed…
  • Jun 20

    Handling Acronyms in an Appeal

    Handling Acronyms in an Appeal
    Judge Silberman recently created a stir among some by harshly criticizing a brief laden with acronyms. He stated: Petitioner’s brief, unfortunately, was laden with obscure acronyms notwithstanding the admonitions in our handbook (and on…
Rank this Week: 2663

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: 2877

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: 3716

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/
  • Jul 23

    Comment on proposed 9th Circuit rule changes!

    Comment on proposed 9th Circuit rule changes!
    The 9th Circuit has posted a request for public comment about possible rule changes here, including codification of the streamlined extension procedure. Weigh in by emailing comments before September 3.
  • Jul 23

    Pro tem update: Another couple months for Judge Burke in 2/6

    Pro tem update: Another couple months for Judge Burke in 2/6
    2d DCA Assigned JudgesThe following are currently sitting on assignment:Judge Rita Miller of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until July 31, 2014 Judge John Shepard Wiley, Jr. of the Los Angeles…
  • Jul 23

    "No Substitutions"

    "No Substitutions"
    Settle v. State of California, published by 2/6's Justice Yegan today, begins and ends like this: A patron orders a hamburger from the menu at a diner and asks the server if he can substitute edamame for french fries. "No substitutions," says…
Rank this Week: 513

TCB's Legal Blog

TCB's Legal Blog

Criminal defense news. By Thomas C. Brandstrader.

http://chicagofelony.com/legal-posts/
  • 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 ……
  • May 10

    Paul Krugman writes….

    Paul Krugman writes….
    The top twenty five hedge fund managers made a total of 21 billion dollars last year. This is twice as much as all of the kindergarten teachers in the country combined. Those teachers are smart, highly educated and work hard … Continue…
  • May 6

    Enough is enough…we have wasted too many lives and too much money…

    Enough is enough…we have wasted too many lives and too much money…
    Economists Slam the War on Drugs in a New London School of Economics Report The ‘singular approach’ to fighting drug abuse isn’t working—and it’s time for a change, says a new report produced by the London School…
Rank this Week: 2890

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Jun 24

    What Notice Is Required When a Summary-Judgment Hearing Is Re-set?

    What Notice Is Required When a Summary-Judgment Hearing Is Re-set?
    Texas litigators are generally familiar with the TRCP 166a requirement that a motion for summary judgment be served at least 21 days before the date specified for a hearing. But what notice is required when the hearing does not go forward on…
  • Jun 18

    Registration Open for 28th Annual Advanced Civil Appellate Practice Course

    Registration Open for 28th Annual Advanced Civil Appellate Practice Course
    The State Bar Appellate Section and Texas Bar CLE are co-sponsoring the 28th Annual Advanced Civil Appellate Practice Course, which will take place September 4-5, 2014 here in Austin.  Related events are the popular…
  • May 30

    State Bar Appellate Section Launches Redesigned Website

    State Bar Appellate Section Launches Redesigned Website
    As co-chair of the State Bar of Texas Appellate Section’s Website Committee, I am pleased to share that the Section’s completely revamped website is now live at www.tex-app.org. The redesigned site allows visitors easy access to…
Rank this Week: 2700

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/
  • Jul 8

    Federal civil rights violations and statute of limitation

    Federal civil rights violations and statute of limitation
    What is the limitations period for Section 1983 and 1985 claims?  "Although there is no federal statute of limitations for civil rights violations alleged under [section] 1983, `courts construing [section] 1983 "borrow" the forum state's…
  • May 2

    Prevailing party status for attorney fee award purpose

    Prevailing party status for attorney fee award purpose
    WHEN IS A PARTY A PREVAILING PARTY SO AS TO BE ENTITLED TO HAVE THE OPPONENT PAY HIS OR HER ATTORNEY'S FEES UNDER STATUTE OR CONTRACT?  Under the American Rule, attorney's fees are recoverable only if authorized by statute or by…
  • May 1

    Rule 11 Agreement must be in writing and filed with the court

    Rule 11 Agreement must be in writing and filed with the court
    WHAT REQUIREMENTS DOES RULE 11 AGREEMENT HAVE TO SATISFY TO BE ENFORCEABLE? A Rule 11 agreement must be in writing and signed and filed with the court unless it is made in open court. See TEX.R.CIV.P. 11. The filing requirement creates the…
Rank this Week: 759

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: 359

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: 4507

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
Rank this Week: 2017

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
  • Jul 2

    Doesn’t anybody read the rules?

    Doesn’t anybody read the rules?
    When is a brief written by a lay person likely to be of comparable quality to a brief written by lawyer for the other side in the same case? When both briefs stink: Brooks’s opening brief on appeal includes a statement of facts without…
  • Jul 2

    When winning is risky

    When winning is risky
    Sometimes, an appeal doesn’t make sense to me. This can be true even if there are better-than-average odds of winning. When an appeal doesn’t make sense to me, I ask why the party wants to appeal. I’m sure that most of the…
  • Jun 11

    Sometimes the standard of review is better than you might first think

    Sometimes the standard of review is better than you might first think
    Clients (and their lawyers) can be disheartened when they conclude that the ruling they want to challenge on appeal is subject to review for abuse of discretion — a standard of review that is indeed daunting. But keep in mind that…
Rank this Week: 895

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/
  • Jul 22

    Short Wins - the Shameless Promotion Edition

    Short Wins - the Shameless Promotion Edition
    Remember back with this blog was more than just Short Wins? Remember when there were long and loving descriptions of cases? I still aspire to get back to that vision for the blog - that was fun. Seriously, look for more long write-ups soon.…
  • Jul 6

    Short Wins - the Presentment Delay Issue

    Short Wins - the Presentment Delay Issue
    It's a relatively slow week in the federal circuits. My favorite case of the last week is United States v. Torres Pimental. You've got to love a suppression motion being granted off of a government delay in presentment. To the…
  • Jun 30

    Short Wins - the Seventh Circuit Draws a Line on Supervised Release

    Short Wins - the Seventh Circuit Draws a Line on Supervised Release
    There's been a lot in the circuits in the last week, but perhaps the most surprising bit is that the Seventh Circuit issued four opinions on supervised release conditions. Supervised release may not be the sexiest of issues, but, especially…
Rank this Week: 584

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: 3788