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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

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

    "Court hears Hobby Lobby's challenge to part of health-care law"

    "Court hears Hobby Lobby's challenge to part of health-care law"
    "Court hears Hobby Lobby's challenge to part of health-care law": The Denver Post has this news update. The Oklahoman has a news update headlined "Hobby Lobby argues case before federal judges; Attorneys for the Oklahoma City retailer…
  • May 23

    "Senate Confirms a Judge, but Rancor Remains"

    "Senate Confirms a Judge, but Rancor Remains"
    "Senate Confirms a Judge, but Rancor Remains": This article will appear in Friday's edition of The New York Times. The Washington Post reports that "Sri Srinivasan confirmed to serve on influential U.S. appeals court for D.C. Circuit." The…
  • May 23

    "Broad limit on appointments urged"

    "Broad limit on appointments urged"
    "Broad limit on appointments urged": Lyle Denniston has this post at "SCOTUSblog."
Rank this Week: 8

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: 33

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • May 22

    Burnside headed back to the Sixth Circuit?

    Burnside headed back to the Sixth Circuit?
    Last week in Burnside v. Walters, the Court took the fairly unusual step of granting cert. without having first received a brief from any of the respondents in the case:  the case’s online docket indicates that the Court called for…
  • May 22

    Petition of the day

    Petition of the day
    The petition of the day is:
  • May 22

    Greenhouse gas case explained

    Greenhouse gas case explained
    UPDATE:  The D.C. Circuit Court decision at issue in this case can be read here.  The order denying en banc review, together with opinions issued along with that order, can be found here. —————–…
Rank this Week: 56

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/
  • May 24

    Heyen & Bluford v. Safeway (Cal. Ct. App. - May 23 & 24, 2013)

    Heyen & Bluford v. Safeway (Cal. Ct. App. - May 23 & 24, 2013)
    It's not been a good couple of days if you're Safeway.Yesterday, Safeway lost Heyen, an individual wage-and-hour case that Safeway lost at trial to the tune of around $24,000 and in which the Court of Appeal took little time in…
  • May 23

    Rybicki v. Carlson (Cal. Ct. App. - May 22, 2013)

    Rybicki v. Carlson (Cal. Ct. App. - May 22, 2013)
    My interest in cases like this one has definitely increased during the past month or so.The Court of Appeal gets it right.  Moreover, it does so concisely, in an opinion that takes less than eight double-spaced…
  • May 22

    People v. Timothy N. (Cal. Ct. App. - May 22, 2013)

    People v. Timothy N. (Cal. Ct. App. - May 22, 2013)
    When you are a repeat player in the justice system, you've got to do better than this.If you are the California Attorney General, there are so many better vehicles for getting your point across rather than taking this particular…
Rank this Week: 205

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/
  • May 22

    Bizarro: Egregious juror misconduct

    Bizarro: Egregious juror misconduct
    Check out People v. Pizarro for an especially egregious (the court says "criminal") instance of juror misconduct:, in which naughty Juror No. 9 looked up a prior appellate opinion in the murder case that was being retried.What would Client #9…
  • May 22

    Certified Chutzph?

    Certified Chutzph?
    Imagine a defendant removing a case from state to federal court, and then asking the federal court of appeals to certify a question to the state supreme court. Further, imagine that the defendant's request for certification came only after an…
  • May 21

    2d District Pro tem updates (extensions through July)

    2d District Pro tem updates (extensions through July)
    The following are currently sitting on assignment:Judge Edward A. Ferns of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two until July 31, 2013. Judge Brian M. Hoffstadt of the Los Angeles County Superior…
Rank this Week: 254

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
  • May 24

    Apple Seeds for Justice

    Apple Seeds for Justice
    By Fernando BermudezBermudez spent more than 18 years in prison for the shooting death of a 16-year-old boy in New York City. He was freed in 2009 after it was proven that police and prosecutors manipulated the eyewitness evidence against…
  • May 23

    DNA Testing Leads to Overturned Rape Conviction for Wisconsin Man

    DNA Testing Leads to Overturned Rape Conviction for Wisconsin Man
    A Wisconsin man's 1994 rape conviction was overturned in a Winnebago County Circuit Court Wednesday based on DNA testing pointing to another man. Wisconsin Innocence Project client Joseph Frey was convicted of a 1991 rape based on the…
  • May 23

    Science News - May 23, 2013

    Science News - May 23, 2013
    An independent review of the New York City medical examiner's office suggests a management change, legislation in Minnesota attempts to require accreditation for crime labs, and Ohio law enforcement addresses a backlog of DNA cases. Here is…
Rank this Week: 259

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/
  • May 22

    Death penalty opinion filing tomorrow

    Death penalty opinion filing tomorrow
    The Supreme Court tomorrow morning will file its opinion in People v. Rountree, an automatic appeal from an August 1995 judgment of death.  Rountree was argued in April. The opinion can be viewed online tomorrow beginning…
  • May 21

    Recent article discusses the justices’ differing approaches to statutory interpretation and the importance of consensus in high-profile case

    Recent article discusses the justices’ differing approaches to statutory interpretation and the importance of consensus in high-profile case
    In a recent article in the Daily Journal [subscription required], reporter Emily Green wrote that the California Supreme Court has displayed a remarkable degree of unanimity.  This unanimity has also been noted by other court watchers,…
  • May 17

    Summary of May 15, 2013 conference report for civil case

    Summary of May 15, 2013 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, May 15, 2013.  The summary includes those civil cases in which (1) review has been…
Rank this Week: 449

Canadian Appeals Monitor

Canadian Appeals Monitor

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

http://www.canadianappeals.com
Rank this Week: 586

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/
  • Nov 12

    Abandonment Language in Notice of Appeal is Not Effective as to Stray Partie

    Abandonment Language in Notice of Appeal is Not Effective as to Stray Partie
    In Ford Motor Company v. Washington, 2012 Ark. 354 (“Ford II“), the Arkansas Supreme Court addressed whether a party’s statement in its notice of appeal that it abandons all pending but unresolved claims is effective as a dismissal…
  • Nov 9

    Circuit Judge Phillip Whiteaker Elected to Arkansas Court of Appeal

    Circuit Judge Phillip Whiteaker Elected to Arkansas Court of Appeal
    Voters from the twelve east Arkansas counties that make up District 1 elected Lonoke County Circuit Court Judge Phillip Whiteaker to the Arkansas Court of Appeals to fill the vacant seat for District 1, Position 2 in the general election that…
  • Sep 18

    Oral Order Dismissing a Party Not Sufficient to Create Final Order

    Oral Order Dismissing a Party Not Sufficient to Create Final Order
    The first round of decisions from the Arkansas Supreme Court for its 2012-13 term included a holding on a familiar issue concerning the finality of decisions.  In Ford Motor Company v. Washington, 2012 Ark.
Rank this Week: 670

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/
  • May 24

    Tips for Amicus Practice, Including Tips from Ninth Circuit Judge Clifton

    Tips for Amicus Practice, Including Tips from Ninth Circuit Judge Clifton
    On Monday, May 20, 2013, the HSBA Appellate Section hosted two panelists to discuss the topic of amicus briefs. The presenters were Daniel M. Gluck, Senior Staff Attorney with the ACLU in Honolulu, and Robert Thomas, of Damon Key Leong…
  • May 17

    Upcoming Federal and State Amicus Practice CLE

    Upcoming Federal and State Amicus Practice CLE
    This coming Monday, May 20, 2012, the HSBA Appellate Section will host a presentation on federal and state amicus practice. One of the speakers is my colleague Robert Thomas, who has written numerous amicus briefs before the United States…
  • May 16

    Writ to Watch: In the Matter of the Appl. of Hon. Constr. & Draying Co.

    Writ to Watch: In the Matter of the Appl. of Hon. Constr. & Draying Co.
    Today, the HAWSCT will hear oral arguments at 9AM in In the Matter of the Application of Honolulu Construction and Draying Company, Ltd. v. State of Hawaii, Department of Land and Natural Resources et al., Scenic Hawaii, and Aloha Tower…
Rank this Week: 837

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
  • May 16

    Labor/Employment

    Labor/Employment
    Discrimination – Pregnancy.  Conflict Certified:  Whether the Florida Civil Rights Act, section 760.10, Florida Statutes, prohibits employment discrimination based on pregnancy. Delva v. The Continental Grp., Inc., No.…
  • May 15

    Illinois Supreme Court: A First Look at the Questions Log for 2013

    Illinois Supreme Court: A First Look at the Questions Log for 2013
    As I’ve written elsewhere, the Illinois Supreme Court tends to be what appellate attorneys call a “hot bench,” with questions potentially coming from any or all of the Justices in any given argument. With the May term…
  • May 13

    The California Supreme Court Confirms The Power Of Local Governments To Regulate Medical Marijuana.

    The California Supreme Court Confirms The Power Of Local Governments To Regulate Medical Marijuana.
    Few issues have sparked so much debate in so many local governments then how to regulate the medical marijuana industry. Proponents have filed numerous challenges to various attempts by cities and counties, but now the legal, if not the…
Rank this Week: 925

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: 1021

Illinois Appellate Lawyer Blog

Illinois Appellate Lawyer Blog

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

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

    Posner On Effective Appellate Brief

    Posner On Effective Appellate Brief
    Catching up on reading. If you missed it too, here is Judge Posner in the American Bar Association's Litigation News on writing an effective appellate brief.
  • Apr 7

    Appellate Court Refuses Jurisdiction Over Order Quashing Lis Penden

    Appellate Court Refuses Jurisdiction Over Order Quashing Lis Penden
    The Westin North Shore is a hotel in the northern suburbs of Chicago. The hotel was used as collateral for a multimillion dollar loan to the hotel owner. Five Mile Capital Westin had a subordinate interest in the loan. After the owner…
  • Mar 22

    Can't Reverse Hormones -- Flirting Appellate Lawyer

    Can't Reverse Hormones -- Flirting Appellate Lawyer
    Love at first cite. Thanks to FutureLawyer.com and cartoonist Charles Fincher at Lawcomix.blogspot.com.
Rank this Week: 1571

Florida Criminal Appeals Attorney…

Florida Criminal Appeals Attorney Law

Discusses appellate practice in the Eleventh Circuit and State of Florida. By Donna Eng.

http://appealattorneylaw.com/
Rank this Week: 1772

News About Dallas Appellate…

News About Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Apr 27

    Fifth Circuit Court of Appeals Judge Offers Tips on Appellate Advocacy

    Fifth Circuit Court of Appeals Judge Offers Tips on Appellate Advocacy
    I recently attended a CLE presented by Catharina Haynes, the only federal appellate judge with chambers in the Dallas – Fort Worth area.  Judge Haynes offered a number of valuable tips on appellate advocacy: 1. The table of…
  • Dec 17

    Facts in Oral Argument at the Texas Supreme Court

    Facts in Oral Argument at the Texas Supreme Court
    Last week, Texas Supreme Court Justice Debra Lehrmann spoke in Dallas about (1) how the court decides whether to grant or deny review; (2) common mistakes seen in appellate petitions and briefs; and (3) oral argument at the court. Because…
  • Dec 16

    Common Mistakes Seen in Appellate Petitions and Brief

    Common Mistakes Seen in Appellate Petitions and Brief
    Last week, Texas Supreme Court Justice Debra Lehrmann spoke in Dallas about (1) how the court decides whether to grant or deny review; (2) common mistakes seen in appellate petitions and briefs; and (3) oral argument at the court. …
Rank this Week: 1920

Circuit Splits

Circuit Splits

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

http://www.circuitsplits.com/
  • Apr 16

    From Dicta to Disarray: Split on the Domestic Relations Exception

    From Dicta to Disarray: Split on the Domestic Relations Exception
    Today I’m delighted to introduce Ben Ashmore, the founder and president of the National Family Civil Rights Center, as this week’s guest blogger. In In re Burrus, the Supreme Court stated in dicta that “[t]he whole subject of domestic…
  • Jan 23

    Growing Circuit Split Over Removal Statute

    Growing Circuit Split Over Removal Statute
    In the recent decision in Smith v. Detroit Entertainment, LLC, Slip Copy, 2013 WL 119673 (E.D.Mich. Jan. 9, 2013), the federal court in the Eastern District of Michigan highlighted a growing circuit split over removal statutes - and…
  • Jan 22

    New Article Addresses Circuit Split Over Pay-for-Delay Settlement

    New Article Addresses Circuit Split Over Pay-for-Delay Settlement
    A new article posted on SSRN, Waiting is the Hardest Part: Why the Supreme Court Should Adopt the Third Circuit's Analysis of Pay-for-Delay Settlement Agreements (by Marlee Kutcher), addresses the current circuit split over the legality of…
Rank this Week: 2022

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: 2104

Nebraska Litigation & Trial…

Nebraska Litigation & Trial Advisor

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

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

    Werner v. Platte County (Part II): Don’t Get Too Excited About the Excited Utterance Hearsay Exception

    Werner v. Platte County (Part II): Don’t Get Too Excited About the Excited Utterance Hearsay Exception
       LDM Partner Cathy Trent-Vilim continues her discussion of her recent case in this post. You read in Part I of Werner v. Platte County how the Nebraska Supreme Court affirmed the trial court’s ruling that statements by Mr.…
  • Apr 9

    Werner v. Platte County (Part I): Get Excited About the Excited Utterance Hearsay Exception

    Werner v. Platte County (Part I): Get Excited About the Excited Utterance Hearsay Exception
    LDM attorneys Cathy Trent-Vilim and Bill Lamson recently received a decision from the Nebraska Supreme Court affirming a $1 million judgment they obtained on behalf of their client, Brian Werner, in a suit against Platte County, Nebraska,…
  • Jan 24

    Lance Armstrong, Oprah and the False Claims Act

    Lance Armstrong, Oprah and the False Claims Act
    This post is authored by Stacy Morris, a partner in LDM’s litigation department. By Stacy Morris Recently, we had written several blog posts about the expanding reach of the False Claims Act, and, in particular, of the whistleblower…
Rank this Week: 2160

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/
  • May 24

    Judge Diane Wood’s Brief-Writing Tip

    Judge Diane Wood’s Brief-Writing Tip
    Judge Diane P. Wood of the Seventh Circuit offers 6 tips on brief writing: get a command of good writing keep the brief as concise as possible tell a story in the statement of facts – what happened and why the reader should care…
  • May 20

    Watch for Pesky Prepositions in an Appeal

    Watch for Pesky Prepositions in an Appeal
    Appellate judges often say that they want concise briefs. But how to trim without losing meaning? One way is to watch when you say “of,” “in,” and “by.” Lawyers often read stuff overfilled with…
  • May 17

    Don’t Create Zombie Nouns in an Appeal

    Don’t Create Zombie Nouns in an Appeal
    Lawyers are bad about creating zombie nouns by burying verbs. In drafting a brief for an appeal, we never mediate or litigate; we always engage in mediation or litigation. We never examine a witness or object to her testimony; we conduct an…
Rank this Week: 2259

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/
  • May 20

    Court Orders New Trial Based on Improper Conduct of Trial Justice

    Court Orders New Trial Based on Improper Conduct of Trial Justice
    In Porcelli v. Northern Westchester Hospital Center, the plaintiffs sued Dr. Tsai and Northern Westchester Hospital Center for alleged medical malpractice after their infant daughter developed respiratory problems and a pharyngeal tear when…
  • May 8

    Court Finds Repeated Molestation Constitutes Separate Occurrence

    Court Finds Repeated Molestation Constitutes Separate Occurrence
    In Roman Catholic Diocese of Brooklyn v. National Union Fire Insurance Co. of Pittsburgh, PA., a declaratory judgment action, the Court of Appeals addressed four insurance coverage issues raised by repeated instances of sexual molestation of…
  • Apr 30

    Court Of Appeals Grants Leave In Products Liability Action

    Court Of Appeals Grants Leave In Products Liability Action
    On April 30, 2013, the Court of Appeals granted leave in Hoover v. New Holland North America, Inc., a products liability action involving an alleged design defect.  In Hoover, the sixteen year old plaintiff suffered an above-the-elbow…
Rank this Week: 2266

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: 2331

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • May 17

    SCOTX: Attorney Fees Need Not Be Superseded on Appeal

    SCOTX: Attorney Fees Need Not Be Superseded on Appeal
    In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal. Today, in In re Nalle Plastics Family Limited Partnership (No. 11-0903), the Texas Supreme Court resolved a split among…
  • Apr 18

    Happy 100th Birthday, Chief Justice Pope!

    Happy 100th Birthday, Chief Justice Pope!
  • Apr 12

    Principled Appellate Decision

    Principled Appellate Decision
    Yesterday afternoon, I gave a one-hour presentation to a group of 11 intermediate appellate justices on the topic of “Principled Appellate Decisions.” The presentation was part of the Texas College for Judicial Studies, a…
Rank this Week: 2377

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: 2436

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: 2577

The Appellate Record

The Appellate Record

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

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

    The Power of No

    The Power of No
    I don't know who died and made me Ethics Czar. I'm sure my character does not equip me to lecture the appellate nerds on ethics at the UTCLE Appellate Conference. And I'm sure my MPRE score would be no endorsement for ethical…
  • May 20

    Death of an Appellate Lawyer

    Death of an Appellate Lawyer
                                            Hat tip to flippincomics.com  
  • May 17

    The Power of Time

    The Power of Time
    It's that time of year, Campers. All the cool kids are about to go to Austin for that one event where the glitterati are bound to glitter. UTCLE's 23rd Annual Conference on State and Federal Appeals will soon be upon us, June 13-14 in Austin,…
Rank this Week: 2637

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog
  • May 24

    Appellate Lawyer Website Plagiary – Hire the Original Rather than the Imitation

    Appellate Lawyer Website Plagiary – Hire the Original Rather than the Imitation
    Appellate lawyer website plagiary – sometimes it is done by lawyers and sometimes it is done by website designers working for lawyers. Either way, those who do it demonstrate both a lack of originality as well as a lack of ethics. It…
  • Mar 27

    Alabama Appeals Issues – Ruling on Motions for Mistrials in Criminal Case

    Alabama Appeals Issues – Ruling on Motions for Mistrials in Criminal Case
    A somewhat common issue in Alabama appeals of criminal cases is whether the trial judge should have granted or denied a mistrial. When a criminal defendant moves for a mistrial, he or she is asking the judge to declare the trial so flawed…
  • Mar 27

    Alabama Legal Forms Available Online in Word or Wordperfect Format

    Alabama Legal Forms Available Online in Word or Wordperfect Format
    Although we have a focus on appellate law, we still get frequent client inquiries about preparing various Alabama legal forms. While this was a part of our law practice in the past and we do have a large library of legal forms available,…
Rank this Week: 2704

Peter Smythe, P.C. Blog

Peter Smythe, P.C. Blog

Covers appellate advocacy and intellectual property law.

http://appeals.me/
  • Oct 28

    Oral Argument – A Tough Case

    Oral Argument – A Tough Case
    View VideoAlthough a client might possess a right to appeal, that doesn’t necessarily mean that he or his lawyer should pursue it. This is a case where the lawyer probably should have told his client (and himself) that an appeal wasn’t…
  • Jul 9

    Unpersuasive Formatting

    Unpersuasive Formatting
    Working on a brief this morning, I took a look at a fellow lawyer’s brief for another appellant in the same case. The lawyer works with a firm with an excellent reputation for appellate representation in the Fifth Circuit. When I opened the…
  • Jul 6

    Chief Justice John Robert

    Chief Justice John Robert
    What the academy is doing, as far as I can tell, is largely of no use or interest to people who actually practice law.
Rank this Week: 2719

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: 2734

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/
  • Nov 27

    Short Wins - A Few Things Happened Before Thanksgiving

    Short Wins - A Few Things Happened Before Thanksgiving
    After yesterday's heady news from the ABA Law Journal (did I mention you can vote for this blog here), I completely neglected to, you know, actually blog. Apologies.
  • Nov 19

    Short Wins - Thanksgiving Week Edition

    Short Wins - Thanksgiving Week Edition
    It's a slow week here in the federal circuit courts, at least for people accused of a crime who won their cases - only three cases were reversed in the federal court of appeals in published opinions last week. Happily, what last week's…
  • Nov 16

    The Second Circuit Limits Bank Fraud Prosecutions Where A Check Is Validly Issued (and other facts don't get in the way)

    The Second Circuit Limits Bank Fraud Prosecutions Where A Check Is Validly Issued (and other facts don't get in the way)
    If you're ever involved in a bank fraud case, you should probably read the Second Circuit's opinion reversing Mr. Felix Nkansah's bank fraud conviction. If the government wants to convict someone for bank fraud, the Second Circuit says…
Rank this Week: 2781

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: 2785

Tennessee Appellate Law Blog

Tennessee Appellate Law Blog

Provides Tennessee appellate news and analysis. Covers Tennessee's Supreme Court, Court of Appeals, and Court of Criminal Appeals, as well as the United States Court of Appeals for the Sixth Circuit.

http://www.tennesseeappellatelaw.com/
  • Mar 14

    Supreme Court Grants Five Appeal

    Supreme Court Grants Five Appeal
    The Tennessee Supreme Court granted three appeals from Knoxville and one each from Nashville and Jackson; the Court also denied forty-four applications.  Three of the cases are from the Court of Criminal Appeals.
  • Mar 10

    Tennessee Adopts Federal Double-Jeopardy Rule

    Tennessee Adopts Federal Double-Jeopardy Rule
    The Tennessee Supreme Court, in an opinion written by Chief Justice Cornelia Clark, unanimously adopted the federal double-jeopardy rule from Blockburger v. United States.  Tennessee courts since 1996 have applied a different test…
  • Mar 2

    Weekly Review of Habeas Petition

    Weekly Review of Habeas Petition
    Judge D. Kelly Thomas affirmed the circuit court's dismissal of petitioner's petition for writ of habeas corpus.
Rank this Week: 3057

California Appellate Lawyer Blog

California Appellate Lawyer Blog

Covers California appellate court decisions. By Dowling Aaron Incorporated.

http://www.californiaappellatelawyerblog.com/
Rank this Week: 3158

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/
  • Apr 16

    Legal Writing in the Age of iPad

    Legal Writing in the Age of iPad
    In the past few years, the strangest things have started appearing in appellate decisions: images. That has been seen as so revolutionary that it has been widely covered in the legal press, with 7th Circuit opinions authored by Judge Richard…
  • Nov 7

    Congratulations to Florida's Retained Supreme Court Justices and Appellate Judge

    Congratulations to Florida's Retained Supreme Court Justices and Appellate Judge
    The Florida Supreme Court justices and District Court of Appeal judges who were up for retention votes this year had a great day yesterday. Congratulations go out to all of the retained justices and appellate judges: Florida Supreme…
  • Nov 7

    Congratulations to Florida's Retained Supreme Court Justices and Appellate Judge

    Congratulations to Florida's Retained Supreme Court Justices and Appellate Judge
    The Florida Supreme Court justices and District Court of Appeal judges who were up for retention votes this year had a great day yesterday. Congratulations go out to all of the retained justices and appellate judges: Florida Supreme…
Rank this Week: 3296

vodzaklegal

vodzaklegal

Covers appellate practice, legal writing, and Third Circuit and Pennsylvania appeals. By Caroline Vodzak.

http://vodzaklegal.com/blog/
Rank this Week: 3350

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: 3459

Washington State Appellate…

Washington State Appellate Practice Blog

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

http://www.waappellatelaw.com/
  • 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…
  • 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!):
  • Oct 7

    Ninth Circuit Cases Comprise "Staggering" 42% of Supreme Court Docket

    Ninth Circuit Cases Comprise "Staggering" 42% of Supreme Court Docket
    The SCOTUSblog reports that cases the Supreme Court has accepted for review from the Ninth Circuit for its October Term make up a "staggering" 42% of the current docket (20 out of 48 cases), the highest percentage in at least nine years.
Rank this Week: 3664

Appealing Decisions

Appealing Decisions

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

http://www.flaappellatecounsel.com/
  • Mar 7

    Florida Supreme Court Delimits Economic Loss Rule

    Florida Supreme Court Delimits Economic Loss Rule
    In a surprising opinion issued today, the Florida Supreme Court has held that the economic loss rule, which for decades has barred tort claims for damages arising out of a contractual relationship, applies only in the products liability…
  • Mar 4

    Preservation of Error: Prejudicial or Argumenative Closing Argument

    Preservation of Error: Prejudicial or Argumenative Closing Argument
    The Second District Court of Appeal, last week, issued an opinion that reversed a trial court’s order granting new trial, Carnival Corporation v. Jimenez, 38 Fla. L. Weekly D455a, Case No. 2D11-5482 (2d DCA February 27, 2013).  The…
  • Feb 18

    Fifth District Changes Method for Obtaining Extensions of Time

    Fifth District Changes Method for Obtaining Extensions of Time
    Beginning March 1, 2013, a party seeking an extension of time to file an intial, answer, or reply brief and who has obtained the agreement of opposing counsel may file a “notice of extension of time” in lieu of a … Continue…
Rank this Week: 3824

An Appeal to Reason

An Appeal to Reason

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

http://donnabader.com
  • Oct 24

    A smorgasbord of tips from my new book, An Appeal to Reason.

    A smorgasbord of tips from my new book, An Appeal to Reason.
          Early this October, I was invited to speak at the 2012 Belli Seminar organized by the Santa Clara Trial Lawyers Association.  What an event!  I was flattered to share the stage with some top-notch trial lawyers, including John…
  • Oct 22

    Sharing appellate tips and knowledge

    Sharing appellate tips and knowledge
     
  • Sep 11

    Have you Googled your clients lately?

    Have you Googled your clients lately?
      The Internet is a great source for information.  As attorneys, we need to get our names out there so prospective clients can find us.  On the flip side, how often do you, as part of your intake, conduct searches on your clients? 
Rank this Week: 3762

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
Rank this Week: 5067