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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 16

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jun 23

    Petition of the day

    Petition of the day
    The petition of the day is: Elonis v. United States 16-1231 Issues: (1) Whether, as a matter of statutory or constitutional law, liability under 18 U.S.C. 875(c) requires an analysis of whether a reasonable person would be threatened by…
  • Jun 23

    Opinion analysis: In regulatory takings case, court announces a new test

    Opinion analysis: In regulatory takings case, court announces a new test
    Under the doctrine of regulatory takings, government regulation that goes “too far” in burdening property rights counts as a taking under the Fifth Amendment, entitling the owner to “just compensation.” In deciding…
  • Jun 23

    And then there were six – the remaining case

    And then there were six – the remaining case
    The justices are expected to take the bench on Monday at 10 a.m. to issue opinions in argued cases. There are six decisions still outstanding, involving everything from cross-border shootings to the death penalty and public funding for…
Rank this Week: 23

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/
  • Jun 22

    Arias v. Raimondo (9th Cir. - June 22, 2017)

    Arias v. Raimondo (9th Cir. - June 22, 2017)
    If you're an attorney representing a defendant in an employment-related case, sometimes you find out -- and have good reason to find out -- that the plaintiff employee is an undocumented alien and hence not allowed to work, or remain, in the…
  • Jun 21

    Brewster v. Bick (9th Cir. - June 21, 2017)

    Brewster v. Bick (9th Cir. - June 21, 2017)
    I'm genuinely confused.I'm incredibly sympathetic with the result reached in today's opinion by Judge Kozinski.  It's absurd that Los Angeles has a law that allows the city to impound a vehicle for 30 days -- a minimum of 30 days --…
  • Jun 20

    Jordan-Benel v. Universal City Studios (9th Cir. - June 20, 2017)

    Jordan-Benel v. Universal City Studios (9th Cir. - June 20, 2017)
    Claims that someone stole your screenplay and wrote the same thing are often weak.  This one may be otherwise, at least if you believe what's in today's Ninth Circuit opinion.Here are the relevant facts:"Around January 2011, Jordan-Benel…
Rank this Week: 157

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: 209

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/
  • Jun 22

    4/1 calls out word-count-gamesmanship

    4/1 calls out word-count-gamesmanship
    In this unpub'd decision here today, 4/1 includes a footnote (fn. 2) to "disapprove" of respondent's counsel's "blatant violation" of the word-count rule. What did counsel do? Well, because this was a cross-appeal situation,…
  • Jun 22

    17 issues? Way too many...

    17 issues? Way too many...
    A 3d DCA unpub'd decision here today begins:"This is a shotgun-approach appeal in which trustee [] and his attorney [] present 17 separate arguments against an order requiring them to jointly pay $16,060 in sanctions under Code of Civil…
  • Jun 22

    Latest CSCHS newsletter

    Latest CSCHS newsletter
    NOW AVAILABLE: Spring/Summer 2017 NewsletterThe latest issue of the California Supreme Court Historical Society’s Newsletter is now available on the Society’s website: www.cschs.org.The lead article is an extraordinary…
Rank this Week: 597

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/
  • Jun 22

    Ninth Circuit asks for help on procedural issue arising in limited-civil debt-collection case

    Ninth Circuit asks for help on procedural issue arising in limited-civil debt-collection case
    The Ninth Circuit today asks the Supreme Court to decide a California procedural issue that arises in limited civil cases, including debt collection actions.  The federal court says “an answer from the California Supreme Court will…
  • Jun 22

    Video of judicial elections program available

    Video of judicial elections program available
    At last year’s State Bar meeting, the California Supreme Court Historical Society presented a program — “Thirty Years After a Hundred Year Flood:  Judicial Elections and the Administration of Justice” — on…
  • Jun 21

    Justice Liu critical of Attorney General’s briefing

    Justice Liu critical of Attorney General’s briefing
    When the Supreme Court earlier this week affirmed the death penalty judgment in People v. Sivongxxay, Justices Goodwin Liu and Mariano-Florentino Cuéllar both dissented in part, asserting the penalty should be reversed because, they…
Rank this Week: 870

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
Rank this Week: 952

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.…
  • 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…
Rank this Week: 993

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: 1075

Abstract Appeal

Abstract Appeal

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

http://www.abstractappeal.com/
  • 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.
  • Feb 21

    Fourth District: No Jurisdiction, But Direction

    Fourth District: No Jurisdiction, But Direction
    The plaintiff in this case attempted to appeal a circuit court’s order refusing to reopen a file. The Fourth District determined that the order was not appealable as a final or non-final order and dismissed the appeal. Interestingly,…
Rank this Week: 1095

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: 1172

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
  • Jun 9

    The Final Word? The Ontario Court of Appeal denies nunc pro tunc relief in Pennyfeather v. Timminco

    The Final Word? The Ontario Court of Appeal denies nunc pro tunc relief in Pennyfeather v. Timminco
    By Jessica Laham In Pennyfeather v. Timminco (“Pennyfeather”), the Ontario Court of Appeal delivered yet another ruling concerning the interaction between the limitation period for obtaining leave to commence an action for…
  • Jun 6

    3rd Edition of E-Discovery in Canada is now available

    3rd Edition of E-Discovery in Canada is now available
    By McCarthy Tétrault LLP Susan Wortzman, partner and Director of E-Discovery, and a team of experienced authors the third edition of E-Discovery in Canada. The book covers everything lawyers, in-house counsel and law clerks need to…
  • May 24

    Can a Party get Special Costs based on Pre-Litigation Conduct?

    Can a Party get Special Costs based on Pre-Litigation Conduct?
    By Kate Macdonald and Erin O'Callaghan In Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177, the BC Court of Appeal considered whether special costs can be awarded based on pre-litigation conduct.  The Court reviewed the…
Rank this Week: 1295

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/
  • May 19

    Wrongful foreclosure claim in Texa

    Wrongful foreclosure claim in Texa
    ELEMENTS OF CAUSE OF ACTION FOR WRONGFUL FORECLOSURE  The elements of a wrongful foreclosure claim are: (1) a defect in the foreclosure sale proceedings; (2) an inadequate selling price; and (3) a causal connection between the defect and…
  • 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…
Rank this Week: 1320

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/
Rank this Week: 1516

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 20

    How Outside and In-House Counsel Can (and Should!) Collaborate on Post-Litigation Lessons-Learned

    How Outside and In-House Counsel Can (and Should!) Collaborate on Post-Litigation Lessons-Learned
    For much of my career as outside litigation counsel, I marked the end of cases with a celebratory client lunch or a sigh of “good riddance.” But when I went in-house with one of my clients, the end of each case was an opportunity…
  • May 5

    An Evening with the Third Court of Appeals, 2017 Edition

    An Evening with the Third Court of Appeals, 2017 Edition
    Yesterday, the Austin Bar Association’s Civil Appellate Law Section hosted a program entitled “An Evening with the Third Court of Appeals” at Austin’s InterContinental Stephen F. Austin Hotel. My firm, Smith Law…
  • Apr 24

    [Tap…Tap…Tap] Is This Thing On?

    [Tap…Tap…Tap] Is This Thing On?
    After a decade of blogging, I’m still amazed how one simple post can spin off new opportunities. Back in November, I wrote about how I’m using my iPad Pro during oral arguments. As a direct result of that post, I was:…
Rank this Week: 1527

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: 1647

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 12

    Are remands to administrative agencies always immediately appealable? Not quite yet.

    Are remands to administrative agencies always immediately appealable? Not quite yet.
    In Dhillon v. John Muir Health, 2017 Cal. LEXIS 3649, the Supreme Court of California shed some light on the resolution of the long-standing conflict concerning the appealability of a trial court’s order on a petition for writ of…
  • Apr 10

    Don’t Assume That the Assets of the Receivership Estate Will Be Used to Pay for the Receivership

    Don’t Assume That the Assets of the Receivership Estate Will Be Used to Pay for the Receivership
    Parties (typically plaintiffs) may request the appointment of a receiver in cases involving disputes over corporate assets or interests in real estate.  But the appointment of a receiver may have unexpected consequences for the party…
  • 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,…
Rank this Week: 1992

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: 2057

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
Rank this Week: 2201

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: 2374

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: 2435

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/
  • Mar 7

    Proposed federal legislation attacks California's elder abuse and dependent adult law

    Proposed federal legislation attacks California's elder abuse and dependent adult law
    With this incoming Administration, I became concerned that we would focus on Trump's antics and the fact that Kellyanne Conway was sitting on a couch in the Oval Office with her legs folded underneath her.  Meanwhile, the House has been…
  • Feb 10

    An Appeal to Reason

    An Appeal to Reason
    When I picked the title of my blog, An Appeal to Reason, I thought it was a clever title.  It had the word "appeal" in it to describe the type of work I do, but it also focused on the process that one uses to write a…
  • Sep 11

    Supreme Court abolishes automatic depublication rule

    Supreme Court abolishes automatic depublication rule
    For many years, we have operated under the rule that when the California Supreme Court grants a petition for review, the decision by the Court of Appeal can no longer be cited as valid law. A new rule, which took effect on July 1, 2016,…
Rank this Week: 2487

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: 2558

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
Rank this Week: 2758

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: 3171

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: 3229

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: 3227

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: 3578

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,…
  • Dec 2

    Seventh Circuit: Ostrich "Not a Proper Model for an Appellate Advocate"

    Seventh Circuit: Ostrich "Not a Proper Model for an Appellate Advocate"
    A recent opinion by Judge Posner for the Seventh Circuit includes the following text (complete with photos!):
Rank this Week: 3695

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: 3712

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: 3725

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
  • Jun 22

    Court’s Informal Summer Recess.

    Court’s Informal Summer Recess.
    Yesterday’s oral arguments—June 21, 2017—were the last set of oral arguments posted on the Court’s Oral Argument Calendar. In recent years, the Court has not been hearing oral arguments during the summer, usually until…
  • Jun 16

    An Update on Brandon Moore’s case.

    An Update on Brandon Moore’s case.
    On December 22, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Moore, Slip Opinion No. 2016-Ohio-8288. In a 4-3 opinion written by now-retired Justice Paul Pfeifer, the court held that a term-of-years prison…
  • Jun 13

    Oral Argument Preview: What Does It Mean to “Willfully Abandon” a Mother During Her Pregnancy? In the Matter of: The Adoption of P.L.H.

    Oral Argument Preview: What Does It Mean to “Willfully Abandon” a Mother During Her Pregnancy? In the Matter of: The Adoption of P.L.H.
    On June 21, 2017, the Supreme Court of Ohio will hear oral argument in the case of In the Matter of: The Adoption of P.L.H., 2107-0173. At issue in this case is whether the putative father willfully abandoned the … Continue reading…
Rank this Week: 3896

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/
  • Jun 20

    #TwitterTuesday--Themeless in Arizona

    #TwitterTuesday--Themeless in Arizona
    Welcome to #TwitterTuesday. Alas, I have no great theme today. But, I do have three great Twitter feeds that you can follow! Ross Guberman (@legalwritingpro) is the author of several books on legal writing, including Point Made: How to…
  • Jun 19

    Should the Justices Cancel Their Summer Plans?

    Should the Justices Cancel Their Summer Plans?
    Under the Rule 10 of the Supreme Court Rules, the Court will only grant a petition for a writ of certiorari for “compelling reasons.” In Rule 10, the Court provides three examples that “indicate the character of the reasons” that...
  • Jun 15

    Justice Gorsuch's first Supreme Court opinion is unanimou

    Justice Gorsuch's first Supreme Court opinion is unanimou
    This week, the newest justice on the United States Supreme Court issued his first authored opinion, Henson v. Santander Consumer USA Inc. The topic was debt collection, perhaps not a scintillating topic for most, but Justice Gorsuch opened…
Rank this Week: 4113

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/
  • Jun 22

    Supreme Court promulgates new court rules for probate appeal

    Supreme Court promulgates new court rules for probate appeal
    The Supreme Court released updated court rules for probate appeals, to accommodate the major legislative changes from 2016. Effective September 27, 2016, all orders from the probate courts are appealable to the Court of Appeals. MCL…
  • Jun 14

    Speaker Law Firm Wins Appeal for Two Fit Parents Wrongfully Subjected to Grandparenting Time Order

    Speaker Law Firm Wins Appeal for Two Fit Parents Wrongfully Subjected to Grandparenting Time Order
    The COA issued another published opinion in a grandparenting time case. Geering v Robinson, issued June 13, 2017 (Docket 335794). In that case, the parents had divorced. Although they struggled with some issues post-judgment of divorce,…
  • Jun 7

    “Dangerous Animal” Definition Clarified by COA

    “Dangerous Animal” Definition Clarified by COA
    In this case of consolidated appeals of denial of motions to quash their bind-overs to Eaton Circuit Court on charges of owning a dangerous animal, People v Ridge, No. 333790 and People v Olney, No. 333791, the Michigan Court of Appeals…
Rank this Week: 4233

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: 4379

TCB's Legal Blog

TCB's Legal Blog

Criminal defense news. By Thomas C. Brandstrader.

http://chicagofelony.com/legal-posts/
  • Jun 19

    2017 Martindale Hubbell Judicial Edition

    2017 Martindale Hubbell Judicial Edition
    Highest possible rating in both legal ability and ethical standards reflecting the opinions of members of the Bar and Judiciary.
  • 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…
Rank this Week: 4475

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/
  • Apr 11

    The 18 U.S.C. § 2422(b) “substantial step” requirement

    The 18 U.S.C. § 2422(b) “substantial step” requirement
    A few weeks ago I posted some documents at my clients’ request about a pending case. I’ve now been asked by another client to share some of his case materials. It’s an online enticement of a minor case under 18…
  • 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…
Rank this Week: 4673

Due Process Advocacy

Due Process Advocacy

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

http://www.due-process.org
  • May 24

    Davis Team Hires New Super Attorney Paul Kish

    Davis Team Hires New Super Attorney Paul Kish
    The Davis Team is announcing the hiring of new attorney Paul Kish. Paul is a super skilled and extremely well regarded and respected attorney from the fine Kish and Lietz law firm in Atlanta. https://www.kishandlietz.com/paul-s-kish.html…
  • May 3

    Rogue Prosecutors should get the same sentence their misconduct gave innocent people

    Rogue Prosecutors should get the same sentence their misconduct gave innocent people
      It’s Time to Convict and Punish Rogue Prosecutors  
  • Apr 28

    How do police convict an innocent man?

    How do police convict an innocent man?
    This book details how Scott was wrongly convicted by police misconduct and how they get away with it… https://www.amazon.com/How-Convict-Innocent-Man-Haphazard-ebook/dp/B014QWNXWY Read here
Rank this Week: 4945

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
  • May 23

    A SLAPP is a SLAPP unless it is not a SLAPP: The SJC Changes The Duracraft Two-Pronged Anti-SLAPP Analysi

    A SLAPP is a SLAPP unless it is not a SLAPP: The SJC Changes The Duracraft Two-Pronged Anti-SLAPP Analysi
    The Massachusetts Supreme Judicial Court issued two anti-SLAPP decisions today and significantly changed ("augmented") the two-pronged anti-SLAPP analysis it adopted in 1998 in Duracraft Corp. v. Holmes Prods. Corp. Before today, it was…
  • Apr 5

    "Trust, But Verify": The SJC addresses shareholder inspection rights.

    "Trust, But Verify": The SJC addresses shareholder inspection rights.
    The Supreme Judicial Court clarified the burden a shareholder must meet to obtain corporate records under chapter 156D, section 16.02(b) last week in Chitwood v. Vertex Pharmaceuticals, Inc. Using a Russian proverb, an…
  • 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…
Rank this Week: 4923

This Week's Florida Appeals Court…

This Week's Florida Appeals Court Decisions

Provides a summary of selected civil and criminal cases. By Carlton Fields.

https://www.carltonfields.com/florida-appeals-court-decisions/
Rank this Week: 5044

I Object!

I Object!

Covers the rules for preserving the record for appeal. By Carlton Fields.

https://www.carltonfields.com/preservation-of-error-blog/
  • May 25

    Right for the Wrong Reason - Reversal Requires More Than Just an Error

    Right for the Wrong Reason - Reversal Requires More Than Just an Error
    Challenging an adverse judgment on appeal is an uphill battle from the start. A major part of winning an appeal requires demonstrating that an error occurred and confirming that the error was properly raised in the trial court. But more may…
  • Apr 13

    The Air of Preservation Is Now Filled With “Specific” Argument

    The Air of Preservation Is Now Filled With “Specific” Argument
    To win, trial lawyers must master the art of persuasion. But when they lose, they are tested by their mastery of the art of preservation. As standards of review in appellate courts have become increasingly demanding, preservation often…
  • Mar 13

    Preserving Constitutional Issues: Three States, Three Cases, One Hard Lesson

    Preserving Constitutional Issues: Three States, Three Cases, One Hard Lesson
    Late last year, three states illustrated an important point about preserving constitutional law issues for appeal: always be on the lookout for constitutional law issues at the beginning of the case. We begin in California in Coastal Hills…
Rank this Week: 5048