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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Oct 24

    "Judge's One Wrong Word Overturns 50-Year Sentence"

    "Judge's One Wrong Word Overturns 50-Year Sentence"
    "Judge's One Wrong Word Overturns 50-Year Sentence": Pamela A. MacLean has this post at her "Trial Insider" blog reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. And in other coverage, Courthouse…
  • Oct 24

    "Free bird"

    "Free bird"
    "Free bird": Benjamin Gould has this post today at his blog, "Appellate Briefs," discussing a ruling that the U.S .Court of Appeals for the Sixth Circuit issued today.
  • Oct 24

    "The Supreme Court's devotees go DIY"

    "The Supreme Court's devotees go DIY"
    "The Supreme Court's devotees go DIY": Robert Barnes of The Washington Post has this report.
Rank this Week: 34

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/
  • Oct 24

    Vote to Retain 2d District Justice

    Vote to Retain 2d District Justice
    The Los Angeles County Bar Association urges the electorate to vote to retain the eleven 2d District Justices in the November 4 election. That's probably not news to this blawg's readers, but please share this information with all your…
  • Oct 24

    Funny Stuff

    Funny Stuff
    At SCAN, we realize our readers expect only a serious tone in addresses appellate items. For that reason, we've held off (until now) linking to the Justices-as-dogs bit that's been all over the internet (and on blawgs like How Appealing, ABA…
  • Oct 24

    9th Circuit e-filing upgrade requires you to act

    9th Circuit e-filing upgrade requires you to act
    Implementation of NextGen CM/ECF - ACTION REQUIREDOn Monday, October 27, 2014, the U.S. Court of Appeals for the Ninth Circuit will go live with the Next Generation of CM/ECF (NextGen CM/ECF), the latest iteration of the national case…
Rank this Week: 67

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/
  • Oct 24

    U.S. v. Castro-Ponce (9th Cir. - Oct. 24, 2014)

    U.S. v. Castro-Ponce (9th Cir. - Oct. 24, 2014)
    Sometimes wins on appeal are huge victories.  Sometimes they're like this.Castro-Ponce is charged with distribution of methamphetamine.  The feds have him under surveillance, and on wiretaps, for a long time.  Castro-Ponce…
  • Oct 23

    Williams v. Swarthout (9th Cir. - Oct. 23, 2014)

    Williams v. Swarthout (9th Cir. - Oct. 23, 2014)
    Judges Noonan and Reinhardt are extraordinarily concerned about fairness.  Deeply, profoundly, and sincerely.  In every case, including but not limited to (and perhaps exceptionally in) criminal cases.So when the trial judge…
  • Oct 23

    U.S. v. Bell (9th Cir. - Oct. 22, 2014)

    U.S. v. Bell (9th Cir. - Oct. 22, 2014)
    Defendant represents himself at a criminal trial.  The prosecution gives a closing argument.  The district judge never asks defendant if he wants to give one; instead, he simply moves on, and starts reading jury instructions.There's…
Rank this Week: 136

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
  • Oct 24

    Wrongful Convictions Give Texas Pause on Capital Punishment

    Wrongful Convictions Give Texas Pause on Capital Punishment
    For years Texas has led the nation in executions, but it has also led the nation in wrongful convictions overturned by DNA. CBS-Dallas Fort-Worth reported that state experts are taking notice and reconsidering capital punishment. Kristin…
  • Oct 23

    Innocence Project Co-Director Pleads for Release of Cancer Stricken Inmate

    Innocence Project Co-Director Pleads for Release of Cancer Stricken Inmate
    Texas death row inmate Max Soffar is dying of cancer and could spend the rest of days in isolation all because of a false confession he signed decades ago as a teenager. Despite evidence of his innocence in a triple murder and a confession…
  • Oct 22

    Spotlight on Eyewitness ID Reform

    Spotlight on Eyewitness ID Reform
    It has been only a few weeks since the National Academy of Sciences (NAS) released its landmark report on eyewitness identification reform (Identifying the Culprit), and already there has been a significant amount of media attention paid to…
Rank this Week: 379

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/
  • 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…
  • Jul 14

    When judges cannot follow court orders but want others to follow their order

    When judges cannot follow court orders but want others to follow their order
    Judges should expect their orders to be followed. So it did not surprise me when I read an article reposted in Michigan Lawyers Weekly (original article from the Daily Telegram dated July 12, 2014) about a Lenawee County Circuit Court Judge…
Rank this Week: 3323

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/
  • Oct 24

    Chief Justice named national award recipient

    Chief Justice named national award recipient
    The National Asian Pacific American Bar Association (NAPABA) has named Chief Justice Tani Cantil-Sakauye as the recipient of the 2014 NAPABA Women’s Leadership Award.  The award recognizes the accomplishments of women lawyers and…
  • Oct 17

    Summary of October 15, 2014 conference report for civil case

    Summary of October 15, 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, October 15, 2014. The summary includes those civil cases in which (1) review has been…
  • Oct 17

    “Courting Corruption: The Auctioning of the Judicial System”

    “Courting Corruption: The Auctioning of the Judicial System”
    Norm Ornstein writes in The Atlantic about the post-Citizens United world of judicial elections.  Judicial elections, he says, “are no way to select impartial and high-quality jurists.  But judicial elections in the age of…
Rank this Week: 349

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Oct 24

    Relist Watch

    Relist Watch
    John Elwood finally reviews Monday’s relisted cases. Under the principle that weather and sports must always be saved until the end of the news to keep weary eyes watching those local ads, I should be burying this lede. But we here at…
  • Oct 24

    SCOTUSblog on camera: Laurence H. Tribe (Part three)

    SCOTUSblog on camera: Laurence H. Tribe (Part three)
    The inspiration and aspiration for Uncertain Justice and the rewards of working with Joshua Matz, a co-author fifty years his junior. “People ask, ‘Why did you pick constitutional…
  • Oct 24

    Friday round-up

    Friday round-up
    Coverage of the Court’s release of a revised version of Justice Ruth Bader Ginsburg’s dissent in the Texas voter ID case (on which Lyle reported for this blog on Wednesday) continues.  At The Wall Street Journal’s…
Rank this Week: 13

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/
  • Oct 24

    The Appellate Record, October 2014

    The Appellate Record, October 2014
    The Appellate Section published the October 2014 issue of its newsletter, The Appellate Record, that includes summaries of published Hawaii opinions since March 2014 and additional noteworthy appellate information, as previously summarized…
  • Oct 22

    Writ to Watch: Furuya v. AOAO of Pacific Monarch

    Writ to Watch: Furuya v. AOAO of Pacific Monarch
    On August 13, 2014, the HAWSCT accepted cert in Clarence O. Furuya and Lona Lum Furuya v. Association of Apartment Owners of Pacific Monarch, Inc., et al., SCWC-30485, on issues related to the sale of limited common elements between an AOAO…
  • Oct 20

    Appellate Volunteer Opportunity

    Appellate Volunteer Opportunity
    They don't come around often . . . appellate volunteer opportunities! The Hawaii Supreme Court will be holding its next Courts in the Community oral argument at Mililani High School on December 4, 2014 at 10:00 a.m. The Court and the HSBA…
Rank this Week: 2157

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/
  • Oct 23

    Trial Court Sanctions Ruling Too Terse. Appellate Court Sends It Back For More Specificity

    Trial Court Sanctions Ruling Too Terse. Appellate Court Sends It Back For More Specificity
    Lake Environmental was doing asbestos removal at Scott Air Force Base in southern Illinois. The State, claiming that Lake had violated regulations, persuaded the Department of Public Health to revoke Lake’s asbestos removal license.…
  • Apr 24

    What's the problem now, illinoisappellatelawyerblog.com?

    What's the problem now, illinoisappellatelawyerblog.com?
    “Hey, c’mon Sr. illinoisappellatelawyerblog.com. Two months between postings? How do you expect to keep your readers? We’re writing briefs. We need all this stuff you write about. Nobody else does it, at least not like you.…
  • Apr 24

    Insurer’s Arguments First Raised On Reconsideration Forfeited For Appeal

    Insurer’s Arguments First Raised On Reconsideration Forfeited For Appeal
    General contractor Kiferbaum Construction was sued by a subcontractor’s employee who was injured at the work site. Kiferbaum was represented by Jacobson & Riseborough. Kiferbaum got excess insurance from Evanston Insurance.…
Rank this Week: 1728

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: 1759

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • 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…
  • Sep 8

    Are Lawyer-Hyperlinked Briefs Headed for Extinction?

    Are Lawyer-Hyperlinked Briefs Headed for Extinction?
    When used appropriately, hyperlinks to specific portions of the record or to on-point authorities can be a very effective tool in the appellate lawyer’s arsenal. But are recent developments enhancing that tool or effectively taking it…
  • Aug 6

    Justice Moseley’s Departure Creates Unusual Election Scenario

    Justice Moseley’s Departure Creates Unusual Election Scenario
    In early June, Fifth Court of Appeals Justice Jim Moseley (pictured) announced that he would be leaving the Court this month. He has since decided to join Gray, Reed & McGraw, where he will chair the firm’s appellate section. I have…
Rank this Week: 1709

Canadian Appeals Monitor

Canadian Appeals Monitor

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

http://www.canadianappeals.com
Rank this Week: 2256

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/
  • Oct 20

    Inspiration for Creating an Appellate Brief Problem

    Inspiration for Creating an Appellate Brief Problem
    For those of you working on developing an appellate brief problem for this academic year, take a look at City of Los Angeles v. Patel. The U.S. Supreme Court just granted the petition for writ of certiorari today, and it...
  • Oct 12

    Judge Richard Kopf has this post on his…

    Judge Richard Kopf has this post on his blog, Hercules and the Umpire, regarding the late Judge Richard S. Arnold's near appointment to the Supreme Court by President Clinton in 1994. Reproduced in that post is a draft speech prepared...
  • Sep 30

    U.S. Supreme Court Grants Stay on Early Voting Issue in Ohio

    U.S. Supreme Court Grants Stay on Early Voting Issue in Ohio
    The Washington Post has reported that yesterday five of the U.S. Supreme Court Justices agreed to enter an Order granting the State of Ohio’s Application for Stay and Request for Preliminary Injunction to stop enforcement of a court order…
Rank this Week: 3261

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: 542

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
Rank this Week: 1766

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/
  • Oct 17

    Legal sufficiency of evidence to support credit card debt claim: Proof of contract terms required

    Legal sufficiency of evidence to support credit card debt claim: Proof of contract terms required
    CREDITOR MUST PROVE AGREEMENT ON SPECIFIC TERMS OF GOVERNING EXTENSION OF CREDIT  In a bench trial in which no findings of fact or conclusions of law are requested by the parties or filed by the trial court, we imply all findings of…
  • Oct 16

    Two types of mechanic's liens under Texas law

    Two types of mechanic's liens under Texas law
    CONSTITUTIONAL AND STATUTORY MECHANICS LIEN  Texas law recognizes two possible types of mechanic's liens: (1) a constitutional lien and (2) a statutory lien. TEX. CONST. art. XVI, § 37; TEX. PROP. CODE ANN. 53.001 (West 2007). "[A]…
  • Oct 15

    Proving arbitrability (arbitration agreement)

    Proving arbitrability (arbitration agreement)
    WHO HAS THE BURDEN TO PROVE EXISTENCE OF VALID ARB AGREEMENT? The burden of establishing an arbitration agreement's existence is evidentiary and runs with the party seeking to compel arbitration. Mohamed v. Auto Nation USA Corp., 89 S.W.3d…
Rank this Week: 1551

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
  • Oct 15

    Join Us for "The Illinois Supreme Court: Preview of Coming Attractions"

    Join Us for "The Illinois Supreme Court: Preview of Coming Attractions"
    Register now to join us for the first in a new series of webinars by Sedgwick’s Complex Litigation Appellate Task Force. In addition to discussing important decisions coming this fall from the Illinois Supreme Court in the fields…
  • Oct 15

    Illinois Supreme Court Seems Likely to Reinstate Attorney General's Appeal from ICC Order

    Illinois Supreme Court Seems Likely to Reinstate Attorney General's Appeal from ICC Order
    In the recently concluded September term, the Illinois Supreme Court heard one of the shortest civil arguments it has heard in many years in People ex rel. Madigan v. Illinois Commerce Commission. Madigan seems likely to result in…
  • Oct 15

    Illinois Supreme Court Agrees to Unravel Procedural Tangle in Internet Posting Case

    Illinois Supreme Court Agrees to Unravel Procedural Tangle in Internet Posting Case
    Our previews of the newest additions to the Illinois Supreme Court’s civil docket continue with Hadley v. Subscriber Doe. Hadley is a defamation case arising from an anonymous internet posting, but that issue comes wrapped in a…
Rank this Week: 3063

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/
  • 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…
  • Sep 22

    Short Wins - The "Silence is Golden" Edition

    Short Wins - The "Silence is Golden" Edition
    The most interesting case in the last two weeks, I think, is United States v. Shannon. There, the person accused of a crime simply didn't feel like talking to law enforcement - because, really, who would. The government crossed him on his…
  • Sep 15

    Short Wins - the Distribution of Child Pornography Gets (slightly) Limited Edition

    Short Wins - the Distribution of Child Pornography Gets (slightly) Limited Edition
    Child porn cases are turning out to be a surprisingly large portion of what's in federal court. Child pornography is gross and wrong, to be clear. But these cases are, I think, a symptom of a larger problem. All of us have times in our…
Rank this Week: 1044

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • 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…
  • Sep 10

    Five Judges from the Fifth Circuit Court of Appeals Offer Pointers on Appellate Advocacy

    Five Judges from the Fifth Circuit Court of Appeals Offer Pointers on Appellate Advocacy
    The Dallas Bar Association Business Litigation Section recently hosted an outstanding panel discussion with five judges from the Fifth Circuit Court of Appeals.  I have been attending appellate continuing legal educations presentations…
  • Aug 20

    “The Best Lawyers in America” list

    “The Best Lawyers in America” list
    I am honored that my peers have once again voted to include me in “The Best Lawyers in America” list.  
Rank this Week: 2056

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: 2304

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/
  • 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.…
  • Sep 18

    The Story Behind the 4th District Court of Appeal's Relocation Plan, As Told By the Judge

    The Story Behind the 4th District Court of Appeal's Relocation Plan, As Told By the Judge
    The judges of Florida's Fourth District Court of Appeal can apply the same sharp analysis to solve financial quandaries as they use to parse complex legal issues. That's what attendees of yesterday's meeting of the Appellate…
  • Jul 29

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

    How 2 Courts of Appeals Applied the Same Law to Reach Opposite Conclusions About the ACA
    Last week, two federal courts of appeals--the 4th Circuit and D.C. Circuit--considered whether the IRS reasonably interpreted the Affordable Care Act as allowing the IRS to give tax credits to taxpayers that purchase health insurance through…
Rank this Week: 4905

Appealing Decisions

Appealing Decisions

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

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

    Failure to Preserve Error Costs Plaintiff a New Trial

    Failure to Preserve Error Costs Plaintiff a New Trial
    Preservation of error is an issue that is discussed so frequently by appellate lawyers that it tends to be met with eye rolls by other lawyers. However, we keep talking about preservation of error because it is one of few … Continue…
  • Jul 17

    Failure to Preserve Error Costs Plaintiff a New Trial

    Failure to Preserve Error Costs Plaintiff a New Trial
    Preservation of error is an issue that is discussed so frequently by appellate lawyers that it tends to be met with eye rolls by other lawyers. However, we keep talking about preservation of error because it is one of few … Continue…
  • May 15

    Late-Filed Civil Appeals a Nonstarter

    Late-Filed Civil Appeals a Nonstarter
    What should a civil litigant do when he or she is made aware of the entry of a final judgment after the expiration of the appeal period?  The First District Court of Appeal reminds us in an opinion issued in Sharpe v.…
Rank this Week: 2656

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: 2369

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/
  • 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…
  • Aug 26

    SC Workers Comp Notices of Appeal

    SC Workers Comp Notices of Appeal
    The SC Court of Appeals held last week that notices of appeal from the South Carolina Workers Compensation Commission do not need to state the grounds for the appeal. S.C. Code Ann. § 42-17-60 deals with appeals from the Commission…
Rank this Week: 2528

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
  • Aug 27

    How to make your mediation brief effective

    How to make your mediation brief effective
    There are some big differences between appellate mediation and mediation while your case is still pending in the trial court. But appellate and trial lawyers can both benefit from reading mediator Rande Sotomayor’s excellent article,…
  • Jul 28

    Opposing the pro se appellant

    Opposing the pro se appellant
    I think a lot of people might think that any time the appellant is a lay person representing himself (i.e., appearing “pro se”), the respondent has a pretty easy time of it. Is that the case? I was reminded of this issue by an…
  • Jul 2

    Doesn’t anybody read the rules?

    Doesn’t anybody read the rules?
    When is a brief written by a lay person likely to be of comparable quality to a brief written by lawyer for the other side in the same case? When both briefs stink: Brooks’s opening brief on appeal includes a statement of facts without…
Rank this Week: 1498

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: 4690

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: 3349

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: 4088

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: 883

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: 4915

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: 2390

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog
  • May 19

    Alabama ‘McLendon standard’ in child custody modification appeal

    Alabama ‘McLendon standard’ in child custody modification appeal
    Our Alabama appellate law practice often handles custody issues in post-divorce modification cases. These are situations where the parties have already gone through a divorce, one party was awarded custody, and then the other party has later…
  • May 19

    AAJ Paralegal of the Year Award – Nominations Now Open

    AAJ Paralegal of the Year Award – Nominations Now Open
    The American Association for Justice (AAJ) is now accepting nominations for their Paralegal of the Year Award for 2014. Sponsored by Advocate Capital, the award is to recognize the work of Paralegal Affiliate members…
  • May 7

    Alabama Appellate Briefs – Citation to the Record on Appeal

    Alabama Appellate Briefs – Citation to the Record on Appeal
    An issue that sometimes arises in Alabama appellate court practice is the failure of a party to provide proper citations to the record on appeal. The record on appeal refers to the compilation of the trial transcript, trial exhibits, and the…
Rank this Week: 2066

Arkansas Appeal

Arkansas Appeal

Covers significant developments in appellate practice in Arkansas and decisions from Arkansas’s Appellate Courts. By Tasha C. Taylor.

http://arkansasappeals.com/
  • May 15

    We Endorse Tim Cullen Over Robin Wynne for Arkansas Supreme Court

    We Endorse Tim Cullen Over Robin Wynne for Arkansas Supreme Court
    We Support Tim Cullen for Supreme Court This blog is mostly read by lawyers, but around election time, a lot of voters (who are not necessarily lawyers) visit our blog to learn about the candidates running for appellate court positions.…
  • May 14

    Arkansas Supreme Court’s Procedural Ruling Has Practical Effect of Temporarily Stopping Same-Sex Marriages in Arkansa

    Arkansas Supreme Court’s Procedural Ruling Has Practical Effect of Temporarily Stopping Same-Sex Marriages in Arkansa
    Lack of Final Order Prevents Arkansas Supreme Court from Issuing a Stay of Pulaski County Circuit Court’s Ruling in Same-Sex Marriage Case The Arkansas Supreme Court handed down a decision late this afternoon dismissing without…
  • May 14

    Arkansas Supreme Court Releases Election Decision

    Arkansas Supreme Court Releases Election Decision
    Two big decisions from the Arkansas Supreme Court today (actually several, but four of them are about the same issue).  We will update the blog with more information later, but summaries of the decisions follow.  We’re getting…
Rank this Week: 2214

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: 4912

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: 3057

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: 3481

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: 4954

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: 380

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: 1299

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: 228