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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Aug 22

    Petition of the day

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

    A fourth same-sex marriage appeal filed

    A fourth same-sex marriage appeal filed
    Arguing that lower federal courts have “subverted” the Supreme Court’s decision last year on same-sex marriage, a Virginia court clerk on Friday filed his own petition – the second filing seeking a ruling on the…
  • Aug 22

    Rules for birth-control mandate after Hobby Lobby (UPDATED)

    Rules for birth-control mandate after Hobby Lobby (UPDATED)
    UPDATE 5:27 p.m.  The proposed new rules have now been published by the government.  The revisions for profit-making businesses are here, and for non-profit organizations are here. ———- The Obama administration,…
Rank this Week: 15

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 17

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/
  • Aug 22

    People v. Baniani (Cal. Ct. App. - Aug. 22, 2014)

    People v. Baniani (Cal. Ct. App. - Aug. 22, 2014)
    Perhaps I've been persuaded by the de facto status quo.  But if the defendant in this case isn't entitled to present (as he did at his first trial) a defense under the Medical Marijuana Program Act, I don't know who is.The jury at his…
  • Aug 21

    People v. Lucas (Cal. Supreme Ct. - Aug. 21, 2014)

    People v. Lucas (Cal. Supreme Ct. - Aug. 21, 2014)
    This opinion is difficult to get through.  Not merely because of its length.  It recounts a brutal -- truly brutal -- series of crimes.  Profoundly disturbing.I'll skip over the overwhelming majority of the stuff.  Though…
  • Aug 21

    Martinez v. Aero Carribean (9th Cir. - Aug. 21, 2014)

    Martinez v. Aero Carribean (9th Cir. - Aug. 21, 2014)
    It's fitting that two of the three members of this panel -- including the author of the opinion -- are former law professors.  Because the issue is straight out of a first-year civil procedure exam:Does personal jurisdiction based upon…
Rank this Week: 129

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: 325

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 28

    Opposing the pro se appellant

    Opposing the pro se appellant
    I think a lot of people might think that any time the appellant is a lay person representing himself (i.e., appearing “pro se”), the respondent has a pretty easy time of it. Is that the case? I was reminded of this issue by an…
  • 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…
Rank this Week: 454

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/
  • Aug 21

    Proposal to shorten federal appellate brief

    Proposal to shorten federal appellate brief
    Now that we're all comfortable with briefs of 14K words ... there's a proposal to amend the FRAP to trim that down to 12,500. Apparently, the 14K number was based on a mistake! (The 1998 amendments assumed one page was about 280 words, but a…
  • Aug 20

    Details from 9th Cir.'s latest report

    Details from 9th Cir.'s latest report
    Below is a quick summary of items from the 9th Circuit's 2013 Annual Report.For 9th Circuit watchers, none of this will be new or newsworthy.the overall reversal rate was 8.3% (cf. the nat'l average is 6.7%)civil appeal reversal rate (not…
  • Aug 20

    Details from the 2014 California Courts Stats report

    Details from the 2014 California Courts Stats report
    Again for regular court-watchers, there are no real surprises in this year's stats.Cal Supreme Court94 opinions published16 Court of Appeal opinions depublishedoverall petitions for review = 4% "grant" rate (grants + grant &…
Rank this Week: 712

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/
  • Aug 22

    Summary of August 20, 2014 conference report for civil case

    Summary of August 20, 2014 conference report for civil case
    Summary of August 20, 2014 conference report for civil cases 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, August 20, 2014. The summary…
  • Aug 22

    Death penalty opinion filing Monday

    Death penalty opinion filing Monday
    As expected, the Supreme Court on Monday morning will file its opinion in People v. Bryant, Smith, and Wheeler, an automatic appeal from an October 1995 judgment of death.  The case was argued on the court’s late-May calendar.…
  • Aug 20

    The specter of more frequent “100-year floods”

    The specter of more frequent “100-year floods”
    Not long after California voters ousted Chief Justice Rose Bird and Associate Justices Joseph Grodin and Cruz Reynoso from the state Supreme Court, new Chief Justice Malcolm Lucas assured that the election “was analogous to a…
Rank this Week: 874

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
  • Aug 22

    New York Man to be Released from Pennsylvania Prison

    New York Man to be Released from Pennsylvania Prison
    A New York man convicted of setting a fire at a religious retreat in the Poconos that claimed the life of his 20-year-old mentally ill daughter more than 25 years ago will walk out of prison today. Han Tak Lee's arson conviction was…
  • Aug 22

    Texas Exoneree Says Hold Prosecutors Accountable

    Texas Exoneree Says Hold Prosecutors Accountable
    Michael Morton (right) with Innocence Project Co-Director Barry Scheck at the 2012 Celebration of Freedom and Justice in New York. Three weeks ago, as covered by the Innocence Blog, the Marshall Project broke a story revealing new allegations…
  • Aug 21

    West Virgina Man Granted DNA Testing

    West Virgina Man Granted DNA Testing
    More than a year after a West Virginia man filed petitions for release with help from West Virginia Public Defenders and the West Virginia Innocence Project, a judge ruled in favor of new DNA testing. Joseph Lavigne, Jr. was convicted in 1996…
Rank this Week: 1131

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/
  • Aug 20

    Writ to Watch: Patrickson v. Dole Food Company

    Writ to Watch: Patrickson v. Dole Food Company
    On July 22, 2014, the HAWSCT accepted certiorari in Gerardo Dennis Patrickson et al. v. Dole Food Company, Inc., et al., SCWC-30700, on the issue of whether a previously filed Texas class action lawsuit tolled the Hawaii two year statute of…
  • Aug 18

    How "Deemed Denial" Impacts the Deadline for Civil Appeal

    How "Deemed Denial" Impacts the Deadline for Civil Appeal
    In the August 2014 issue of the Hawaii Bar Journal, this blogger has the following article on the impact of the "deemed denial" of a post-judgment motion on the deadline to file a notice of appeal in civil cases: Deemed Denial and…
  • Aug 15

    Writ to Watch: Kondaur v. Matsuyoshi

    Writ to Watch: Kondaur v. Matsuyoshi
    On June 26, 2014, the HAWSCT accepted cert in Kondaur Capital Corporation v. Leigh Matsuyoshi, SCWC-12-0000867, providing the court with an additional opportunity to clarify the standards governing summary judgment, and whether the appellate…
Rank this Week: 1063

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/
  • Aug 1

    Short Wins - the Entrapment Edition

    Short Wins - the Entrapment Edition
    It is rare and wonderful to see an entrapment opinion. And United States v. Kopstein fits the bill. In other news, I was on TV last night talking about the trial of former Virginia Governor Bob McDonnell. If you're interested, here's a clip…
  • Jul 29

    Lying Isn't Always Fraud - the Sixth Circuit Sends A Case Back Because Buying Drugs From a Drug Distributor Is What The Drug Distributor Want

    Lying Isn't Always Fraud - the Sixth Circuit Sends A Case Back Because Buying Drugs From a Drug Distributor Is What The Drug Distributor Want
    Lester and Nancy Sadler, a husband and wife, ran a series of pain management clinics in Ohio. As the Sixth Circuit explained, "these were not conventional plain clinics." For example, at one clinic patients would arrive well before it…
  • 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.…
Rank this Week: 1272

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: 1123

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: 1233

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: 1277

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: 901

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
  • Aug 22

    Ontario Court of Appeal Turns Against Cross-Border Securities Class Action

    Ontario Court of Appeal Turns Against Cross-Border Securities Class Action
    By Michael Rosenberg and Sapna Thakker The following post on the Canadian Class Actions Monitor blog may be of interest to readers of this blog: Ontario Court of Appeal Turns Against Cross-Border Securities Class Actions. In the recent…
  • Aug 13

    Time to Leave: Supreme Court to Determine Securities Class Action Limitation Period

    Time to Leave: Supreme Court to Determine Securities Class Action Limitation Period
    By Elder Marques and Michael O'Brien The Supreme Court of Canada has granted leave to appeal in a case that will determine how to apply the statutory limitation period for investors in Ontario who decide to sue public issuers and their…
  • Aug 13

    A Costly Choice (of law): Determining the damages available for an extra-territorial tort

    A Costly Choice (of law): Determining the damages available for an extra-territorial tort
    By Brooke MacKenzie The recent UK Supreme Court decision in Cox v Ergo Versicherung AG, [2014] UKSC 22, provides helpful commentary and a potentially persuasive precedent for Canadian courts on issues of choice of law, the distinction between…
Rank this Week: 3869

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/
  • Aug 21

    Bashman Post on Word Limit Reduction Proposal

    Bashman Post on Word Limit Reduction Proposal
    Howard Bashman has a new post on How Appealing examining the new proposal to reduce the word limit for principal briefs in the U.S. Courts of Appeals. The proposal is to reduce the current 14,000 word limit to 12,500. Allegedly,...
  • Aug 15

    August 2014 Working Paper Round Up

    August 2014 Working Paper Round Up
    A trio of cases were posted recently as working papers on SSRN dealing with various issues related to the operation of the U.S Court of Appeals: The most recent is Andrew Hewitt Smith's The Effect of Ideology and Proportionality of...
  • Aug 1

    Anderson on Amicus Curiae

    Anderson on Amicus Curiae
    Helen A. Anderson at University of Washington Law has a new article on SSRN: Frenemies of the Court: The Many Faces of Amicus Curiae. Given the rise in the number of amicus briefs, the phenomenon seems ripe for closer scrutiny....
Rank this Week: 1731

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: 4217

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
Rank this Week: 1588

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Aug 20

    “The Best Lawyers in America” list

    “The Best Lawyers in America” list
    I am honored that my peers have once again voted to include me in “The Best Lawyers in America” list.  
  • Aug 15

    Interview on KDAF CW Channel 33

    Interview on KDAF CW Channel 33
    As an appellate lawyer, I often have to answer difficult questions. On Channel 33 news, though, I got to answer an easy one. I was asked whether an individual could form his own country in North Dallas. Um, no.     Here is the…
  • 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…
Rank this Week: 4364

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
Rank this Week: 3654

California Appellate Lawyer Blog

California Appellate Lawyer Blog

Covers California appellate court decisions. By Dowling Aaron Incorporated.

http://www.californiaappellatelawyerblog.com/
Rank this Week: 4616

An Appeal to Reason

An Appeal to Reason

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

http://www.anappealtoreason.com/
  • Aug 12

    What is an arguable issue on appeal?

    What is an arguable issue on appeal?
     In People v. Hernandez (2014) ___, Cal.App.4th ___, Justice Rylaarsdam wrote the opinion in a criminal appeal in which the Court previously appointed counsel to represent the defendant.  The attorney filed…
  • Jul 31

    We may have a new California Supreme Court Justice

    We may have a new California Supreme Court Justice
    Governor Jerry Brown nominated a new Supreme Court justice to replace retiring Justice Marvin Baxter, who was one of the Court’s most conservative members.  The nominee is Mariano-Florentino Cuellar, a Mexican-born Stanford Law…
  • 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…
Rank this Week: 1356

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: 1720

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Aug 6

    Justice Moseley’s Departure Creates Unusual Election Scenario

    Justice Moseley’s Departure Creates Unusual Election Scenario
    In early June, Fifth Court of Appeals Justice Jim Moseley (pictured) announced that he would be leaving the Court this month. He has since decided to join Gray, Reed & McGraw, where he will chair the firm’s appellate section. I have…
  • 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…
Rank this Week: 2186

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 29

    How 2 Courts of Appeals Applied the Same Law to Reach Opposite Conclusions About the ACA

    How 2 Courts of Appeals Applied the Same Law to Reach Opposite Conclusions About the ACA
    Last week, two federal courts of appeals--the 4th Circuit and D.C. Circuit--considered whether the IRS reasonably interpreted the Affordable Care Act as allowing the IRS to give tax credits to taxpayers that purchase health insurance through…
  • 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…
Rank this Week: 3327

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Jul 28

    Arbitration Awards and Judicial Review of Contracts for Illegality

    Arbitration Awards and Judicial Review of Contracts for Illegality
    By Jacek Stramski In Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center, Inc. (SC11-2468), the Florida Supreme Court held that courts cannot review, or refuse to enforce, an arbitration award based on a claim of contract…
  • 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…
Rank this Week: 2432

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: 3371

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: 1898

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: 3425

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: 3241

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: 1434

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: 3337

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: 3040

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: 3089

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: 4495

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: 2112

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: 3448

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: 3333

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: 3619

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: 4083

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: 3227