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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Dec 22

    SCOTUSblog on camera: Dahlia Lithwick (Part five)

    SCOTUSblog on camera: Dahlia Lithwick (Part five)
    Accredited access to the Court; reading the contrast between what the Court says about free speech as a legal doctrine and the practicalities of the Court’s institutional position; and the Internet as the model for covering the…
  • Dec 22

    Monday round-up

    Monday round-up
    Last week Nebraska and Oklahoma asked the Justices to allow them to file a lawsuit seeking to block part of Colorado’s scheme for the legalization of marijuana.  Lyle Denniston covered the filing for this blog, while Kent…
  • Dec 20

    This week at the Court

    This week at the Court
    The Justices will meet for their next Conference on January 9. The January sitting begins on January 12.
Rank this Week: 11

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 188

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: 182

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/
  • Dec 22

    San Luis v. Locke (9th Cir. - Dec. 22, 2014)

    San Luis v. Locke (9th Cir. - Dec. 22, 2014)
    It's got an 11-page, single-spaced caption!  It's got a four-page "Table of Contents"!  It's 80 single-spaced pages long!  It ends with a two-page "Glossary of Terms"!  It's an environmental case about whether the National…
  • Dec 19

    Graciano v. Mercury Ins. Co. (Cal. Ct. App. - Nov. 12, 2104)

    Graciano v. Mercury Ins. Co. (Cal. Ct. App. - Nov. 12, 2104)
    I agree with the Court of Appeal.  There are plenty of cases in which an insurance company acts in bad faith by failing to timely accept a policy limits demand.  The trial court thought that this was one of them.But it's not.…
  • Dec 18

    Lennar Homes v. Stephens (Cal. Ct. App. - Dec. 18, 2014)

    Lennar Homes v. Stephens (Cal. Ct. App. - Dec. 18, 2014)
    Pigs get fat.  Hogs get slaughtered.Lennar Homes of California learns that lesson today.It put an incredibly onerous "indemnity" clause into its contract of adhesion with its home buyers, and then tried to enforce that clause to force a…
Rank this Week: 474

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/
  • Dec 22

    We've got a Supreme Court Justice!

    We've got a Supreme Court Justice!
    Commission Confirms Appointment to Supreme Court …
  • Dec 22

    Bloomberg/BNA US Law Week ran a profile of…

    Bloomberg/BNA US Law Week ran a profile of Judge Wardlaw last week at 83 U.S.L.W. 952 titled 9th Cir.'s Wardlaw: 'Soccer Mom,' 'Diva' and Champion of Judicial Empathy. The article references a Notre Dame Law Review essay she wrote,…
  • Dec 19

    Cinematic dissent from denial of review

    Cinematic dissent from denial of review
    Justice Willett of the Texas Supreme Court pens this must-read dissent from the denial of review.And just as in the movie he repeatedly references, you'll enjoy it most if you stay with it to the very end....Also of note: Lawyer who filed…
Rank this Week: 448

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/
  • Dec 22

    Leondra Kruger confirmed as Supreme Court justice

    Leondra Kruger confirmed as Supreme Court justice
    After an uncontroversial hearing at which she was highly lauded by former colleagues and the JNE Commission, Leondra Kruger was confirmed as the 115th justice of the Supreme Court by the Commission on Judicial Appointments.  The…
  • Dec 19

    Summary of December 17, 2014 conference report for civil case

    Summary of December 17, 2014 conference report for civil case
    The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, December 17, 2014. The summary includes those civil cases in which (1) review has been…
  • Dec 18

    Kruger gets top JNE rating

    Kruger gets top JNE rating
    Cheryl Miller in The Recorder and Bob Egelko in the San Francisco Chronicle report that Supreme Court appointee Leondra Kruger has received the best rating — exceptionally well qualified — from the Commission on Judicial Nominees…
Rank this Week: 217

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: 486

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
  • Dec 22

    Compensation difficult for wrongfully convicted to obtain - even in states with statute

    Compensation difficult for wrongfully convicted to obtain - even in states with statute
    Stories in the Los Angeles Times and the Detroit Free-Press this weekend highlighted the immense challenges that exonerees, in California, Michigan and states around the country, can face when seeking compensation for wrongful convictions. …
  • Dec 19

    Preventing Innocent People from Pleading Guilty

    Preventing Innocent People from Pleading Guilty
    The New York Review of Books presents lively commentary from three legal experts and a response by Judge Jed Rakoff who, in an article published last month, proposed employing magistrates soon after an indictment is filed to make the system…
  • Dec 18

    Rickey Wyatt Fully Exonerated, Becoming 325th Person Cleared by DNA

    Rickey Wyatt Fully Exonerated, Becoming 325th Person Cleared by DNA
    On the request of the District Attorney's Office, a Dallas County judge today entered a court order finding Rickey Dale Wyatt innocent of a rape for which he served nearly 31 years. Working closely with the Dallas District Attorney's…
Rank this Week: 4575

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/
  • Dec 22

    Governmental immunity from suit and statutory exception for some contract claims against local government entitie

    Governmental immunity from suit and statutory exception for some contract claims against local government entitie
    GOVERNMENTAL IMMUNITY AND LIMITED WAIVER UNDER THE LOCAL GOVERNMENT CODE  Governmental immunity has two components: immunity from liability and immunity from suit. Tooke v. City of Mexia, 197 S.W.3d 325, 332 (Tex. 2006). Immunity from…
  • Dec 21

    Novation defined (2014 Dallas Court of Appeals case)

    Novation defined (2014 Dallas Court of Appeals case)
    WHAT IS A NOVATION IN A CONTRACTUAL RELATIONSHIP? A novation is the substitution of a new agreement in place of an existing agreement between the parties. Goldman v. Olmstead, 414 S.W.3d 346, 358 (Tex. App.-Dallas 2013, pet. denied); In re…
  • Dec 20

    Res Judicata (2014 caselaw snips)

    Res Judicata (2014 caselaw snips)
    Res judicata (14th Court of Appeals Houston) A party claiming the affirmative defense of res judicata must prove (1) a prior final determination on the merits by a court of competent jurisdiction; (2) identity of parties or those in privity…
Rank this Week: 2744

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: 4251

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: 1800

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
Rank this Week: 3786

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/
  • Dec 19

    Hawaii’s New Appellate Justice Discusses Appellate Procedure

    Hawaii’s New Appellate Justice Discusses Appellate Procedure
    Hawaii’s new Associate Justice of the Hawaii Supreme Court, Justice Michael D. Wilson, joined the HSBA’s Appellate Section at is November meeting. Justice Wilson discussed topics including writs of certiorari to the Hawaii Supreme Court,…
  • Dec 17

    HSBA Appellate Section Celebrates the End of its Third Year

    HSBA Appellate Section Celebrates the End of its Third Year
    Yesterday, the Hawaii State Bar Association celebrated the end of is third year with special guest Hawaii Supreme Court Chief Justice Mark Recktenwald. Chief Justice Recktenwald discussed the strides Hawaii has made in access to justice, and…
  • Dec 15

    November 2014 Hawaii Published Appellate Opinion

    November 2014 Hawaii Published Appellate Opinion
    In November, the Hawaii Supreme Court issued four published opinions, and the Intermediate Court of Appeals also issued six. Below is a brief synopsis of each: In AC v. AC, SCWC-12-0000808 (Nov. 28, 2014), the HAWSCT held that the Family…
Rank this Week: 4497

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
  • Dec 15

    Ontario Court of Appeal Clarifies Test To Be Applied At Rule 48.14 Status Hearing

    Ontario Court of Appeal Clarifies Test To Be Applied At Rule 48.14 Status Hearing
    By Kosta Kalogiros and Trevor Courtis In Kara v. Arnold, 2014 ONCA 871, the Ontario Court of Appeal seized an opportunity to revisit its recent jurisprudence regarding status hearings and to clarify the interrelation between its recent status…
  • Dec 10

    Apprehending Reasonable Apprehension of Bia

    Apprehending Reasonable Apprehension of Bia
    Three Recent Reasonable Apprehension of Bias Findings by the Ontario Court of AppealBy Dharshini Sinnadurai Careful observers may have noticed that the Ontario Court of Appeal has allowed three civil appeals on the basis of reasonable…
  • Dec 2

    The U.K. Supreme Court revisits equitable compensation in commercial transaction

    The U.K. Supreme Court revisits equitable compensation in commercial transaction
    By Sam Rogers Trusts are widely used in commercial transactions. But, as creatures of equity, trusts raise issues that may not be immediately familiar to everyone who relies on them in the commercial world. Indeed, the interrelationship…
Rank this Week: 3725

Appealing Decisions

Appealing Decisions

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

http://www.flaappellatecounsel.com/
  • Dec 12

    Orange County Sanctioned for Frivolous Appeal

    Orange County Sanctioned for Frivolous Appeal
    In a scathing opinion issued on December 12, 2014, the Fifth District Court of Appeal took Orange County and its attorney to task for its appeal of an order awarding attorneys fees in connection with the County’s violation of…
  • Dec 8

    SCOTUS Denies BP’s Appeal of Gulf Spill Settlement

    SCOTUS Denies BP’s Appeal of Gulf Spill Settlement
    On December 8, 2014, the Supreme Court denied a petition for writ certiorari filed by BP Exploration & Production. Through its petition, BP sought to set aside a settlement agreement it reached with parties to a class action lawsuit over…
  • Oct 29

    Interesting Glimpse Into Florida’s 5th DCA

    Interesting Glimpse Into Florida’s 5th DCA
    This article was recently published by the Daytona Beach News-Journal. It’s always fascinating to get an insider’s behind-the-scenes view of the courthouse.
Rank this Week: 3314

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog
Rank this Week: 3013

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/
  • Dec 10

    Statutory Deadline For Notice Of Appeal Trumps Supreme Court Rule

    Statutory Deadline For Notice Of Appeal Trumps Supreme Court Rule
    Which deadline for filing a Notice of Appeal applies when the supreme court rules differ from the General Assembly’s statute? And what happens to the appeal when the Notice of Appeal meets the General Assembly’s deadline but not…
  • Dec 4

    Illinois Supreme Court Can’t Decide Chicago Red-Light Camera Case

    Illinois Supreme Court Can’t Decide Chicago Red-Light Camera Case
    The Illinois Supreme Court’s single-paragraph opinion in Keating v. City of Chicago, 2014 IL 116054 (11/20/14), is remarkable because the court was unable to render a decision. The case involved the validity of Chicago’s red-light…
  • Dec 2

    Mailing Label Fails To Establish Appellate Jurisdiction

    Mailing Label Fails To Establish Appellate Jurisdiction
    William Huber filed a lawsuit to dissolve the American Accounting Association. The Association asked the trial court to dismiss the lawsuit, which it did. Huber appealed. He mailed his Notice of Appeal to the court, but it arrived two days…
Rank this Week: 2150

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/
  • Dec 9

    Random Assignment of Federal Appellate Cases and Panel

    Random Assignment of Federal Appellate Cases and Panel
    Allegations of non-random assignment of gay marriage cases by the Ninth Circuit were offered recently by gay marriage opponent, Coalition for the Protection of Marriage. This allegation is not new, dating back to California Prop 8 litigation…
  • Nov 24

    A Strategy to Withholding Dissent?

    A Strategy to Withholding Dissent?
    Check out this post on Strategically Withholding Dissent which examines Justice Sotomayor’s decision to forcefully dissent in Fisher v. Texas. Some say timing is everything, and in the law that statement is more often true than not.…
  • Nov 20

    Maryland Appellate Blog Post on Federal Judicial Vacancie

    Maryland Appellate Blog Post on Federal Judicial Vacancie
    In a new post on the Maryland Appellate Blog, Steve Keppler offers a useful reminder about federal judicial vacancy problem and offers some proposals for addressing it. As he suggests, "the next six months provide a window of time…
Rank this Week: 971

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Dec 9

    Celebrating Chief Justice Woodie Jone

    Celebrating Chief Justice Woodie Jone
    The Austin Bar Association Civil Appellate Law Section, along with several law-firm sponsors (including Smith Law Group, P.C.), is hosting a retirement reception for Third Court of Appeals Chief Justice Woodie Jones on Thursday, December…
  • Nov 5

    2014 Election Results, Texas Appellate Edition

    2014 Election Results, Texas Appellate Edition
    Republicans continued their dominance of statewide judicial races in yesterday’s election, with Chief Justice Nathan Hecht and Justices Jeff Brown, Jeff Boyd, and Phil Johnson winning new six-year terms on the Texas Supreme…
  • Oct 23

    Texas Appellate Courts Get a Major Website Upgrade

    Texas Appellate Courts Get a Major Website Upgrade
    If you’ve received CaseMail updates this week, you’ve likely noticed something new when clicking on the link embedded in your notification emails. Last Friday, the Texas appellate courts got a major online upgrade with the…
Rank this Week: 2311

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/
  • Dec 7

    Appellate judge writes dissent based on her conviction

    Appellate judge writes dissent based on her conviction
    Usually when appellate judges write opinions, it is based on the facts or the law or sometimes even public policy. And appellate judges, like appellate lawyers, usually present their opinions in a very restrained fashion. So it was with great…
  • Oct 24

    Busy week for child welfare world

    Busy week for child welfare world
    The Court of Appeals published two cases this week in child welfare cases. The first In re Kanjia (Docket 320055) examined whether the Michigan Supreme Court's decision in Sanders applied to appeals from an order terminating parental rights…
  • Aug 12

    Spousal Support Obligation Can Be Partially Based on the Income of a New Spouse

    Spousal Support Obligation Can Be Partially Based on the Income of a New Spouse
    On May 13, 2014, in an unpublished opinion, the Michigan Court of Appeals held that a payor’s spousal support may be increased on the basis of a new spouse’s income. In Sweeny v Sweeny (Docket No. 312169), plaintiff had remarried…
Rank this Week: 684

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/
  • Dec 5

    Possible Revisions to Georgia’s “Super-Plain Error” Rule, OCGA § 17-8-57

    Possible Revisions to Georgia’s “Super-Plain Error” Rule, OCGA § 17-8-57
    On November 17, in Rouse v. State, the Georgia Supreme Court reversed a murder conviction because the trial court told the venire “you will be hearing about a case, which is a murder case, that happened in Muscogee County.” These…
  • Oct 24

    Immediate Appeal of Attorney Disqualification Orders in Georgia

    Immediate Appeal of Attorney Disqualification Orders in Georgia
    A trial court order disqualifying an attorney from representing a client in a case is typically an “interlocutory” order (that is, an order entered prior to final judgment). When, if ever, are such disqualifying orders immediately…
  • Oct 20

    Can We Improve Georgia’s Enumeration of Errors Requirement?

    Can We Improve Georgia’s Enumeration of Errors Requirement?
    Georgia Code Section 5-6-40 requires an appellant to file an enumeration of errors. In recent years, Georgia appeals courts have construed this requirement about as loosely as possible. An appellant can proceed without filing an enumeration…
Rank this Week: 1403

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/
  • Dec 1

    When Are SC Orders Effective?

    When Are SC Orders Effective?
    The South Carolina Court of Appeals recently reaffirmed that a trial court order is not effective until the clerk of court enters it. The case is West v. Luck Ave. Properties, Op. No. 2014-UP-415 (S.C. Ct.App. filed Nov. 26, 2014).…
  • Sep 2

    Appeal a SC Discovery Order? – A Rock and Hard Place

    Appeal a SC Discovery Order? – A Rock and Hard Place
    The South Carolina Supreme Court recently explained how to appeal a discovery order. The case is Davis v. Parkview Apartments, Op. No. 27429 (S.C. Sup.Ct. filed Aug. 6, 2014).    In Davis, the trial court ordered the…
  • Aug 29

    SC Amici Curiae Strike Again

    SC Amici Curiae Strike Again
    The South Carolina Supreme Court this month entertained arguments raised only by amici — despite the rule against it. The case is In the Interest of Kevin R., Op. No. 27430 (S.C. Sup.Ct. filed Aug. 6, 2014). Kevin R. involves…
Rank this Week: 3375

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
  • Nov 25

    Don’t lightly assume that you’ve extended your time to appeal with a post-trial motion

    Don’t lightly assume that you’ve extended your time to appeal with a post-trial motion
    The parties in your case have stipulated to have their case tried before a temporary judge (pursuant to Cal. Const., art. VI, § 21) and filed all trial-related papers (trial briefs, closing briefs, and requests for statement of decision)…
  • Nov 18

    New blog to cover California Supreme Court

    New blog to cover California Supreme Court
    I received an invitation yesterday afternoon to attend a reception to celebrate the launch of a new blog “focused on providing substantive coverage of issues concerning the Supreme Court of California,” and billed as a joint…
  • Nov 3

    What can Ernest Hemingway teach you about legal writing?

    What can Ernest Hemingway teach you about legal writing?
    In a Wall Street Journal article last month, “Why Adverbs, Maligned by Many, Flourish in the American Legal System,” Ernest Hemingway is cited twice as an example of an effective writer who eschewed adverbs. This colorful…
Rank this Week: 871

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: 1170

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Nov 21

    Do Civil Appeal Harmless Error Findings Require Special Consideration?

    Do Civil Appeal Harmless Error Findings Require Special Consideration?
    Kristen Larson In Special v. West Boca Medical Center (SC11-2511), the Florida Supreme Court held that the Fourth District Court of Appeals erred in ruling that an error which “more likely than not” did not contribute to the…
  • Nov 18

    Court Orders Release of Documents in Redistricting Case

    Court Orders Release of Documents in Redistricting Case
    John Koeppel On November 13, the Florida Supreme Court affirmed a trial court ruling which ordered Data Targeting, Inc., its president Pat Bainter, and others (collectively, “non-parties” or “Bainter”) to produce 538…
  • Nov 17

    When is a Suspicion Founded Sufficiently to Support a Detention?

    When is a Suspicion Founded Sufficiently to Support a Detention?
    Kristen Larson Earlier this month the Florida Supreme Court heard Williams v. State. (SC13-2315). The central issue in this case is whether the Fourth District Court of Appeals erred in affirming the trial court’s admission of evidence…
Rank this Week: 1887

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 21

    Were Your Arguments Made in Chambers Preserved for Appeal?

    Were Your Arguments Made in Chambers Preserved for Appeal?
    Arkansas Realtors Association v. Real Forms, LLC Any attorney who has spent much time practicing in court knows that many arguments and rulings are made in chambers (and off the record).  The question, then, is how to preserve arguments…
  • Oct 29

    Proceedings Under Trust Code (Rather than Probate Code) Not Appealable Unless Final

    Proceedings Under Trust Code (Rather than Probate Code) Not Appealable Unless Final
    In Bank of the Ozarks v. Cossey, 2014 Ark. App. 581, the Arkansas Court of Appeals addressed the question of whether an order that appears to be a non-final order is still appealable under Ark. R. App. P. (2)(a)(12), which permits an appeal…
  • Oct 28

    Arbitration Clauses Not Enforceable in Arkansas State Courts Where There is No Mutuality of Obligation

    Arbitration Clauses Not Enforceable in Arkansas State Courts Where There is No Mutuality of Obligation
    Following these recent decisions, parties should expect any questionable arbitration clause to be contested in litigation in an Arkansas state court. Although the Federal Arbitration Act (FAA) might be applicable, it is state contract law…
Rank this Week: 4511

The Federal Criminal Appeals Blog

The Federal Criminal Appeals Blog

Covers federal appellate opinions from criminal cases where the defense won. By Kaiser, LeGrand & Dillon PLLC.

http://www.federalcriminalappealsblog.com/
  • Nov 18

    Short Wins - the Dramatic Catch-Up Edition

    Short Wins - the Dramatic Catch-Up Edition
    And, after a really long break, we're back. Apologies. This day job has been very busy lately. And, of course, if you ever find yourself jonesing for my writing, you can always check out my stuff on Above the Law. You saw our guest post on…
  • Nov 14

    The D.C. Circuit Makes It Harder to Prosecute Someone For Enticing A Minor

    The D.C. Circuit Makes It Harder to Prosecute Someone For Enticing A Minor
    Editor's Note - We've never had a guest post before, and normally I give a blanket no to a request for one. But, Assistant Federal Public Defender extraordinaire Jon Jeffress wrote a great piece about the D.C. Circuit's recent decision in…
  • Oct 4

    The Government Gets Slapped Back to District Court in a Fake Stash House Robbery Case

    The Government Gets Slapped Back to District Court in a Fake Stash House Robbery Case
    Fake stash house robbery cases are an embarrassment to a civilized society. Here's what happens. An undercover ATF agent finds a guy and does some deals with him. He then tells the guy he knows of a stash house where there are a lot of…
Rank this Week: 2784

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/
  • Nov 6

    U.S. Supreme Court to Hear Florida Commercial Fishing Cases -- Part 2

    U.S. Supreme Court to Hear Florida Commercial Fishing Cases -- Part 2
    The Supreme Court of the United States has agreed to step in to resolve a long-running dispute between Florida and Georgia. As noted in my previous post, it is the second Florida case on the Supreme Court's docket this term that involves…
  • Nov 5

    U.S. Supreme Court to Hear Florida Commercial Fishing Cases -- Part I

    U.S. Supreme Court to Hear Florida Commercial Fishing Cases -- Part I
    Florida commercial fishing industry, meet the Supreme Court of the United States. The Supreme Court has agreed to hear three cases from Florida in its current term, two of which involve commercial fishing. In the most recently granted case,…
  • Sep 23

    Modern Technology Impacts Service of Proce

    Modern Technology Impacts Service of Proce
    Avenues of communication have dramatically expanded over the past few decades, with email, social media, the proliferation of mobile phones, and text messaging making it easier and easier to make contact with the vast majority of people.…
Rank this Week: 3124

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Oct 31

    Legal commentary on CBS 6 o’clock new

    Legal commentary on CBS 6 o’clock new
    The lead story on the 6 o’clock news featured Dallas County Judge Clay Jenkins, Dallas Mayor Mike Rawlings, and me. Here is the video:
  • Oct 30

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief
    This afternoon, Texas Supreme Court Justice Don Willett and Austin lawyer Don Cruse spoke at a continuing legal education seminar.  Among other things, they addressed amicus briefs filed in the Supreme Court. The court requests a…
  • Sep 29

    Appellate Judges Education Institute seminar in Dallas, TX

    Appellate Judges Education Institute seminar in Dallas, TX
    The American Bar Association’s Judicial Division and Southern Methodist University’s Dedman School of Law will be hosting a seminar in Dallas, Texas from November 13-16, 2014.  The seminar will be co-hosted by the ABA’s…
Rank this Week: 4406

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: 3272

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: 3575

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 26

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.
    In Gregory v. Cott, 2014 WL 3805478, the California Supreme Court was presented with the question of whether patients suffering from Alzheimer’s disease and their families are liable for the injuries they inflict on in-home health care…
  • 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…
Rank this Week: 743

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: 2294

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: 999

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: 3138

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: 2840

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: 3126

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: 3595

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: 4044

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: 3170

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: 2441

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: 2354