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How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/

May 22
"Scuttling a President's 'Popular Imprint' on the Judiciary"

"Scuttling a President's 'Popular Imprint' on the Judiciary"

"Scuttling a President's 'Popular Imprint' on the Judiciary": Russell Wheeler has this post today at "ACSBlog." And in somewhat related commentary, today at the "Daily Intelligencer" blog of New York magazine, Jonathan Chait has a post…
May 22
"Publicity Rights Aren't Property Rights: Appellate Court Gets It Very Wrong in Hart v. EA."

"Publicity Rights Aren't Property Rights: Appellate Court Gets It Very Wrong in Hart v. EA."

"Publicity Rights Aren't Property Rights: Appellate Court Gets It Very Wrong in Hart v. EA." Corynne McSherry has this post today at the Electronic Frontier Foundation's "Deeplinks" blog.
May 22
"Why Urban Dictionary Comes In Handy On The Witness Stand"

"Why Urban Dictionary Comes In Handy On The Witness Stand"

"Why Urban Dictionary Comes In Handy On The Witness Stand": This audio segment appeared on today's broadcast of NPR's "Talk of the Nation."

Rank this Week: 7

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: 28

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: 61

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 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…
May 22
People v. Pizarro (Cal. Ct. App. - May 21, 2013)

People v. Pizarro (Cal. Ct. App. - May 21, 2013)

I am exhausted.Not over the stuff you might think. Though that might assuredly play a part.Rather, I am spent -- spent, I tell you -- after reading this opinion by Justice Kane.There is some interesting stuff in the opinion about juror…
May 20
People v. Lopez (Cal. Ct. App. - May 20, 2013)

People v. Lopez (Cal. Ct. App. - May 20, 2013)

I have a couple of reactions to the underlying facts of this case. So I thought others might be interested in those facts as well:"Respondent [Sergio Jose Lopez], a practicing attorney, was Sirena Zavala's boyfriend. They lived in…

Rank this Week: 197

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: 232

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 22
The National Registry of Exonerations Conducts Recantation Study

The National Registry of Exonerations Conducts Recantation Study

The National Registry of Exonerations, which provides detailed information about every known exoneration in the United States since 1989, is in the process of conducting the first systematic study of recantations and recently released…
May 21
Washington Post Op-Ed Highlights Racial Inequality in America's Justice System

Washington Post Op-Ed Highlights Racial Inequality in America's Justice System

A recent Washington Post op-ed authored by civil rights leader Rep. John Lewis of the 5th Congressional District of Georgia and Bryan Stevenson, executive director and founder of the Equal Justice Initiative highlights the case of Louis…
May 20
Colorado Exoneree to Receive Compensation

Colorado Exoneree to Receive Compensation

In the year since his exoneration through DNA testing, Robert Dewey has been living hand to mouth without the compensation that could help him rebuild his life. That is about to change this week, when the governor signs a compensation bill…

Rank this Week: 265

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: 437

Canadian Appeals Monitor

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

http://www.canadianappeals.com

May 22
The Second Opinion: Can You Get Your Money Back? The B.C. Court of Appeal Addresses The Forfeiture of Deposits (Again)

The Second Opinion: Can You Get Your Money Back? The B.C. Court of Appeal Addresses The Forfeiture of Deposits (Again)

By Hovsep Afarian Can a party who has failed to consummate a transaction get back a “deposit”? The British Columbia Court of Appeal considered this issue once again in the recent case of Amiri v. One West Holdings Ltd., 2013…
May 21
Brown v. Canadian Imperial Bank of Commerce: A Nail in the Coffin for “Misclassification” Overtime Class Actions or Class Counsel Growing Pains?

Brown v. Canadian Imperial Bank of Commerce: A Nail in the Coffin for “Misclassification” Overtime Class Actions or Class Counsel Growing Pains?

By Kosta Kalogiros In Brown v. Canadian Imperial Bank of Commerce, 2013 ONSC 1284, the Divisional Court of Ontario further confirmed the approach to, and difficulty with, “misclassification” overtime class-actions (i.e. class…
May 21
This Week at the SCC (17/05/2013)

This Week at the SCC (17/05/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Brandon Kain Cases Heard The Supreme Court of Canada heard arguments this week in three cases of interest to Canadian business and professions,…

Rank this Week: 660

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: 680

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 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…
May 15
HAWSCT Adopts Minority Right of First Refusal Rule When a Larger Parcel of Land is Sold

HAWSCT Adopts Minority Right of First Refusal Rule When a Larger Parcel of Land is Sold

Yesterday, May 14, 2013, the HAWSCT issued its opinion (authored by Justice McKenna) in Kutkowski v. Princeville Prince Golf Course, LLC, SCWC-28826, a case we designated as a writ to watch here, holding that "the sale of an undivided…

Rank this Week: 813

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: 936

The Appellate Gourmet (c)

Covers the many flavors of appellate issues and law. By Dorothy Easley.

http://appellategourmetappealsinflorida.blogspot.com/

May 20
Fraud on the court, Engle-class decision, Jordanian law, and sage-rubbed roasted free range chicken, tomato-rosemary rissoto

Fraud on the court, Engle-class decision, Jordanian law, and sage-rubbed roasted free range chicken, tomato-rosemary rissoto

Bankruptcy -- Voidable transfers -- Fraud -- Cash dividend transferred to shareholder in amount equal to shareholder's income tax attributable to his share of debtor's S-corporation taxable income was not avoidable -- Debtor received…
May 16
Criminal charges dropped against Florida teen iniitially charged with adult felony after she mixed household chemicals in water bottle that exploded on school grounds.

Criminal charges dropped against Florida teen iniitially charged with adult felony after she mixed household chemicals in water bottle that exploded on school grounds.

"All criminal charges have been dropped against a Florida teen who initially faced an adult felony case after she mixed household chemicals in a water bottle and it exploded on school grounds. Kiera Wilmot, 16, has said the incident was a…
Apr 22
Certiorari, offers of judgment, prevailing parties, mortgage foreclosure, and herbed Southern biscuits with goat cheese rolled in lavender-bee pollen-tupelo honey, and homemade strawberry jam and fig preserve

Certiorari, offers of judgment, prevailing parties, mortgage foreclosure, and herbed Southern biscuits with goat cheese rolled in lavender-bee pollen-tupelo honey, and homemade strawberry jam and fig preserve

Appeals -- Certiorari -- No basis for certiorari review regarding grant of motion for protective order as to interrogatories and order declaring plaintiff a “vexatious litigant” -- Jurisdiction -- Appeal of dismissal for failure…

Rank this Week: 962

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: 1535

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/

May 17
Moncrieffe v. Holder, No.11-702: United States Supreme Court Holds That State Criminal Statute Penalizing The Sharing Of Small Amount Of Marijuana Does Not Constitute Aggravated Felony For Purposes Of Immigration Statute

Moncrieffe v. Holder, No.11-702: United States Supreme Court Holds That State Criminal Statute Penalizing The Sharing Of Small Amount Of Marijuana Does Not Constitute Aggravated Felony For Purposes Of Immigration Statute

It’s been a really busy week, but I found a recent opinion that I wanted to pass along to all of Florida’s criminal defense and criminal appeals lawyers out there. If you handle drug cases with potential…
May 13
Van Poyck v. State, SC 73662: Florida Supreme Court Order Requiring Prior Counsel to Remain As Counsel And Other Development

Van Poyck v. State, SC 73662: Florida Supreme Court Order Requiring Prior Counsel to Remain As Counsel And Other Development

Florida’s criminal defense and criminal appeals attorneys who are interested in the developments of the Van Poyck death penalty case may want to know that I found the Supreme Court order requiring Van Poyck’s prior counsel to…
May 11
After Winning a New Trial, Goodman Loses a Lawyer, and Death Row Inmate William Van Poyck Wins A Team of Lawyer

After Winning a New Trial, Goodman Loses a Lawyer, and Death Row Inmate William Van Poyck Wins A Team of Lawyer

Well, after winning a new trial (while the case is on appeal, no less) John Goodman lost a key member of his criminal defense team, Robert Black. For the articles in the Palm Beach Post and Sun Sentinel, click here … Continue…

Rank this Week: 1559

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: 1912

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: 2024

Texas Causes of Action Blawg

Features caselaw updates and cites on causes of actions and affirmative defenses culled from Texas appeals court opinions. By Wolfgang Demino.

http://causeofactionelements.blogspot.com/

May 20
Presumption of good faith in pleadings and sanctions for groundless suit and harrassment by litigation

Presumption of good faith in pleadings and sanctions for groundless suit and harrassment by litigation

GOOD FAITH IN PLEADINGS AND IMPOSITION OF SANCTIONS UNDER CHAPTER 10 OF THE CPRC AND/OR RULE 13 OF THE TRCP Chapter 10 of the Civil Practices and Remedies Code provides that the signing of a pleading or motion…
May 12
Statute of frauds not self-executing, must be invoked to serve as defense in lawsuit

Statute of frauds not self-executing, must be invoked to serve as defense in lawsuit

STATUTE OF FRAUDS AS AFFIRMATIVE DEFENSE: MUST BE INVOKED BY THE PLEADINGS The statute of frauds is an affirmative defense to the enforcement of a contract which must be pleaded or it is waived. TEX. R. CIV. P. 94; Swinehart…
May 10
Testimony, affidavit about contract likely useless in court if it violates the Parol Evidence Rule

Testimony, affidavit about contract likely useless in court if it violates the Parol Evidence Rule

Parol Evidence Rule Parol evidence may not be used to vary or contradict the express or implied terms of an unambiguous written agreement absent a showing of fraud, accident, or mutual mistake. Toler v. Sanders, 371 S.W.3d 477, 481 (Tex.…

Rank this Week: 2131

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: 2125

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: 2130

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: 2276

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 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…
May 13
Killing Adverbs in Appeal Brief

Killing Adverbs in Appeal Brief

What do Supreme Court Justice Anthony Kennedy and horror-novelist Stephen King have in common? Both disdain adverbs. Lawyers who write appeal briefs may consider joining them. “Adverbs are a cop-out[,]” Justice Kennedy told an…

Rank this Week: 2270

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: 2353

Ohio Criminal Appeals Blog

Provides Ohio criminal appeals news, views and insights. By J. Adam Engel, LLC.

http://www.adamengel.net/appealsblog/

May 17
Supreme Court of Ohio finds Public Record Requests Synonymous with Demands for Discovery in Criminal Proceeding

Supreme Court of Ohio finds Public Record Requests Synonymous with Demands for Discovery in Criminal Proceeding

The Supreme Court of Ohio has held that a public records request is equivalent to a demand for discovery in criminal proceedings. The case is State v. Athon. In 2010, the Defendant was arrested by the Ohio State Highway Patrol after he was…
May 14
Ohio Supreme Court holds that it has Exclusive Jurisdiction in Death Penalty Case

Ohio Supreme Court holds that it has Exclusive Jurisdiction in Death Penalty Case

The Supreme Court of Ohio has held it has exclusive jurisdiction in cases in which the death penalty is imposed. Additionally, the court ordered trial courts to apply the definition of a ‘definitive DNA test’ before dismissing a…
May 8
Ohio Supreme Court Holds Felonious Assault is considered a Lesser Offense to Murder

Ohio Supreme Court Holds Felonious Assault is considered a Lesser Offense to Murder

On May 1, 2013, the Ohio Supreme Court clarified lesser-included offenses for felonious assault. The case is State v. Deanda, Slip Opinion No. 2013-Ohio-1722. In 2009, Defendant, Deanda, got into an altercation with David Swartz in front of…

Rank this Week: 2488

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

Apr 24
When it comes to the anti-SLAPP statute, there’s no such thing as “just a little” criminal extortion

When it comes to the anti-SLAPP statute, there’s no such thing as “just a little” criminal extortion

The courts’ application of California’s “anti-SLAPP statute” — Code of Civil Procedure section 425.16 — has been heavily criticized as being too broad. Section 425.16 authorizes a “special motion to…
Apr 8
Even disobedience of trial courts in other states can get your California appeal dismissed

Even disobedience of trial courts in other states can get your California appeal dismissed

Last Thursday’s decision in Stoltenberg v. Ampton Investments Inc., case no. B235731 (2d. Dist. April 5, 2013) demonstrates the hazards of being unable to stay enforcement of a money judgment against you while your appeal is pending . .…
Mar 21
What is the appellate “doghouse,” and why should you care?

What is the appellate “doghouse,” and why should you care?

No, I’m not talking about that imaginary place that your client puts you in if you lose the case. I’m talking about the mysterious “doghouse” references one sees when looking at the online docket of a California…

Rank this Week: 2571

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: 2633

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog

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,…
Mar 8
Chief Justice Roy Moore orders clerks offices to close on Wednesday

Chief Justice Roy Moore orders clerks offices to close on Wednesday

In an effort to deal with the severe underfunding of the judicial system in Alabama, Chief Justice Roy Moore has ordered all circuit and district clerks to close their offices to the public on Wednesdays. This move is designed to enable the…

Rank this Week: 2718

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: 2710

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: 2839

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: 2821

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: 2942

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: 3077

California Appellate Lawyer Blog

Covers California appellate court decisions. By Dowling Aaron Incorporated.

http://www.californiaappellatelawyerblog.com/

May 22
Can pay, based on hours worked with no guaranteed minimum, be deemed a "salary," making employee exempt from overtime?

Can pay, based on hours worked with no guaranteed minimum, be deemed a "salary," making employee exempt from overtime?

California Labor Code section 515, subdivision (a), sets forth the requirements for determining whether an employee may be classified as exempt from pay requirements including those with respect to overtime: (1) the primary job duties are…
May 17
Is the full amount billed for medical care admissible at personal injury trial to prove past medical, future medical or general damages?

Is the full amount billed for medical care admissible at personal injury trial to prove past medical, future medical or general damages?

The recent appellate opinion in Corenbaum v. Lampkin (filed 4/30/13) 2013 DJDAR 5591 answers "no" on all counts. The California Court of Appeal, Second Appellate District, Division Three, determined that only the actual amount paid for past…
May 8
When may an attorney represent in a new action a party adverse to former client he represented in previous actions?

When may an attorney represent in a new action a party adverse to former client he represented in previous actions?

The short answer is the attorney may represent the new client against his old client when the new case does not involve matters substantially related to the prior representations. A "substantial relationship" exists where " the attorney had…

Rank this Week: 3155

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: 3227

vodzaklegal

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

http://vodzaklegal.com/blog/

Sep 5
Visit and Connect with Vodzak Law on Facebook

Visit and Connect with Vodzak Law on Facebook

Visit and connect with Vodzak Law on Facebook for Pennsylvania legal news, Pennsylvania law updates, and more.
Jul 23
Tayar v. Camelback Ski Corporation: Pre-Injury Releases of Reckless Conduct Are Void as Against Public Policy

Tayar v. Camelback Ski Corporation: Pre-Injury Releases of Reckless Conduct Are Void as Against Public Policy

Tayar v. Camelback Ski Corporation, No. 67 MAP 2010 (Pa. July 18, 2012) Tayar went snow tubing at the Camelback ski resort, where employees would send each rider down the hill with a push. After her fifth run, another snow tuber struck Tayar…
Jul 18
Pennsylvania’s Child Custody Laws for Deployed Military Parent

Pennsylvania’s Child Custody Laws for Deployed Military Parent

My short article discussing Pennsylvania’s child custody laws for deployed military parents, including the new 2012 amendments, was published in The Legal Intelligencer‘s July 2012 Family Law Supplement. The article can be found…

Rank this Week: 3429

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: 3412

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: 3626

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: 3719

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: 3727

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com

May 22
The U.S. Department of Justice Argues that Undocumented Immigrant is Ineligible to be Licensed as an Attorney in Florida

The U.S. Department of Justice Argues that Undocumented Immigrant is Ineligible to be Licensed as an Attorney in Florida

On May 20, 2012, the U.S. Department of Justice (DOJ) filed an amicus curiae brief in the matter of Florida Board of Bar Examiners Re: Question as to Whether Undocumented Immigrants are Eligible for Admission to the Florida Bar (SC11-2568).…
May 18
Florida Statutes Preempt Local Laws Related to Priority Status of Code Enforcement Lien

Florida Statutes Preempt Local Laws Related to Priority Status of Code Enforcement Lien

In City of Palm Bay v. Wells Fargo Bank, N.A. (SC11-830), the Florida Supreme Court held that a municipal ordinance may not establish super-priority status for municipal code enforcement liens. City of Palm Beach Ordinance 97-07 provides that…
May 18
Parental Compensation Cap in Florida’s Birth-Related Neurological Injury Compensation Plan Is Upheld

Parental Compensation Cap in Florida’s Birth-Related Neurological Injury Compensation Plan Is Upheld

Angela Samples, etc., et al., v. Florida Birth-Related Neurological Injury Compensation Association (SC10-1295) addressed the constitutionality of the limitation in s. 766.31(1)(b)1., Fla. Stat., of a single award of $100,000 to both parents…

Rank this Week: 5041

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