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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jun 18

    Tuesday round-up

    Tuesday round-up
    Coverage and commentary focused on the five opinions that the Court issued yesterday; this blog’s round-ups of the early coverage of the decisions can be found here and here. Coverage of the opinion in Arizona v. The Inter Tribal…
  • Jun 18

    Petition of the day

    Petition of the day
    The petition of the day is:
  • Jun 17

    Reconciling ceilings and floors: Alleyne v. United State

    Reconciling ceilings and floors: Alleyne v. United State
    If at first you don’t succeed, try, try again.  That would seem to be the lesson from the Court’s decision in Alleyne v. United States, which today resolved a decade-old controversy regarding the constitutional distinction…
Rank this Week: 37

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 9

The Appellate Record

The Appellate Record

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

http://www.appellaterecord.com
Rank this Week: 3497

Florida Criminal Appeals Attorney…

Florida Criminal Appeals Attorney Law

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

http://appealattorneylaw.com/
Rank this Week: 1732

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
  • Jun 17

    Florida's Timely Justice Act to Speed up Executions Becomes Law

    Florida's Timely Justice Act to Speed up Executions Becomes Law
    On June 14, over the objections of the Innocence Project and many other outspoken critics of the legislation, Florida Governor Rick Scott signed the Timely Justice Act into law. The Act will require the governor to sign a death warrant within…
  • Jun 17

    DNA Evidence Clears Missouri Man in Rape Conviction

    DNA Evidence Clears Missouri Man in Rape Conviction
    A Missouri man was freed from prison Wednesday after a Jackson County judge ordered his release based on DNA testing that pointed toward his innocence and identified two real perpetrators who are now in custody. Robert Nelson was convicted of…
  • Jun 14

    "I remember them coming in and taking Dad"

    "I remember them coming in and taking Dad"
    This Fathers Day, the Innocence Project pays tribute to the Diaz family, whose father, Luis Diaz was wrongfully imprisoned for 25 years. His three children fought for their father's release and helped him adjust after he finally came home at…
Rank this Week: 291

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/
  • Jun 17

    So. Cal. Edison v. Victorville (Cal. Ct. App. - May 17, 2013)

    So. Cal. Edison v. Victorville (Cal. Ct. App. - May 17, 2013)
    You might think it would -- or at least should -- be relatively easy to figure would whether you can sue a utility for putting a light pole too close to the street, resulting in injury.If so, you'd be wrong.  At least as regards the…
  • Jun 14

    Aleman v. Uribe (9th Cir. - June 14, 2013)

    Aleman v. Uribe (9th Cir. - June 14, 2013)
    Think being a police officer is easy?  Think again.Three people rob a person of his wallet and necklace at gunpoint.  LAPD officers receive a report of the crime over the radio and immediately start following a gray Honda that they…
  • Jun 13

    Doug C. v. State of Hawaii DOE (9th Cir. - June 13, 2013)

    Doug C. v. State of Hawaii DOE (9th Cir. - June 13, 2013)
    I'm as sympathetic as the next person to the claim that slight administrative hassles don't permit a bureaucracy to infringe fundamental rights.  Probably more so.That's especially the case when it comes to kids and their right to…
Rank this Week: 169

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: 1585

California Appellate Lawyer Blog

California Appellate Lawyer Blog

Covers California appellate court decisions. By Dowling Aaron Incorporated.

http://www.californiaappellatelawyerblog.com/
Rank this Week: 3481

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: 482

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/
  • Jun 17

    Mandamus Says, Do Your Job!

    Mandamus Says, Do Your Job!
    What do the New England Patriots’ head coach and the South Carolina Supreme Court have in common? Both can say “Do Your Job” and make it stick. Mandamus is the Supreme Court’s way to make it stick. Standards for…
  • Jun 14

    Time to Dust Off Writs of Prohibition?

    Time to Dust Off Writs of Prohibition?
    In March 1972, Watergate was a hotel and not a scandal, and the South Carolina Supreme Court granted its last writ of prohibition. New South Life Ins. Co. v. Lindsay, 258 S.C. 198, 187 S.E.2d 794 (1972), is the case. It explains that a writ…
  • Jun 10

    Unappealable Order? Consider Certiorari

    Unappealable Order? Consider Certiorari
    Last Friday’s post noted that the South Carolina Supreme Court may review trial-court orders on certiorari even if the order is not appealable before final judgment. This post describes how this works. Initially, a writ to review a…
Rank this Week: 2876

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/
  • Jun 16

    They can be intimidating to those on the other side of the bench, too

    They can be intimidating to those on the other side of the bench, too
    Speaking with a group of high school students, Chief Justice Tani Cantil-Sakauye admitted that, when she started at the Supreme Court, it was “a little bit intimidating” for her to be working with the other justices, who were…
  • Jun 12

    Death penalty opinion filing tomorrow

    Death penalty opinion filing tomorrow
    The Supreme Court tomorrow will file its opinion in People v. Lopez, an automatic appeal from a September 1998 judgment of death.  The appeal was argued in April. The opinion can be viewed online tomorrow beginning at 10:00…
  • Jun 7

    998-settlement-offer and mayhem opinions filing Monday

    998-settlement-offer and mayhem opinions filing Monday
    The Supreme Court will file two opinions on Monday morning. In Martinez v. Brownco Construction Co., Inc., the court will address the issue:  When a plaintiff makes two reasonable settlement offers under Code of Civil Procedure…
Rank this Week: 543

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/
  • Jun 14

    The Recorder on Appellate Brief Writing

    The Recorder on Appellate Brief Writing
    Not to be outdone by the DJ -- which recently ran four articles on federal appellate practice in a single issue -- The Recorder today features has a six-article "Your Skills" bonanza on "Appellate Brief Writing": * Appellate Writing Tips from…
  • Jun 13

    2d District Pro Tem update

    2d District Pro Tem update
    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 Court, will be sitting Pro-Tem in Division Six…
  • Jun 13

    Kane is able

    Kane is able
    With Fresno raisin farmers the hot topic this week in appellate circles (blow your Horne here)... ...it's only fitting that today's DJ profiles Justice Kane of the 5th District: a "Bay Area native who traded the 'rat race' of city…
Rank this Week: 226

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: 1288

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/
  • Jun 13

    HSB Appellate Section Welcomes Justice Pollack

    HSB Appellate Section Welcomes Justice Pollack
    For the June meeting, the HSBA Appellate Section is hosting the Hawaii's Supreme Court's newest Associate Justice, Richard W. Pollack. If you are going to be in downtown Honolulu, and you are a member of the HSBA, please join the meeting…
  • Jun 11

    Special FBA Appellate Event

    Special FBA Appellate Event
    The Ninth Circuit Court of Appeals is in town! Please join the Hawaii Chapter of the Federal Bar Association for an event that happens only three times per year. The FBA's special appellate presentation on "Appellate Practice Tips"…
  • Jun 10

    Insurer Owes Implied Duty of Good Faith Even in Absence of Contract

    Insurer Owes Implied Duty of Good Faith Even in Absence of Contract
    On June 7, 2013, the HAWSCT issued an opinion in Shilo Willis v. Craig Swain, First Insurance Company of Hawaii, Ltd., No. SCWC-29539, a case we designated as a writ to watch here, on the issue of whether an insurance company owes a duty of…
Rank this Week: 2019

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog
  • Jun 12

    Alabama Appellate Lawyer on Facebook

    Alabama Appellate Lawyer on Facebook
    We have now launched an appellate law page on Facebook called Alabama Appellate Lawyer. On this page, we will be sharing a variety of information related to Alabama law with a particular focus on issues related to appeals. If you are a…
  • May 24

    Alabama Criminal Appeal Forms – How to File a Criminal Appeal in Alabama

    Alabama Criminal Appeal Forms – How to File a Criminal Appeal in Alabama
    What forms do you need to file a criminal appeal in Alabama? A Google search on this question will lead to a lot of appellate lawyer websites, but a list of which forms to file to start the appellate process is hard to find online. We are…
  • May 24

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

    Appellate Lawyer Website Plagiary – Hire the Original Rather than the Imitation
    Appellate lawyer website plagiary – sometimes it is done by lawyers and sometimes it is done by website designers working for lawyers. Either way, those who do it demonstrate both a lack of originality as well as a lack of ethics. It…
Rank this Week: 1727

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/
  • Jun 10

    Loss of Chance Challenge Found Unpreserved

    Loss of Chance Challenge Found Unpreserved
    On June 6th, the Court of Appeals issued its decision in Wild v. Catholic Health Sys., a case we previously reported on here involving a challenge to the loss of chance doctrine and charge.  Unfortunately, however, the Court found…
  • May 31

    Med Mal Cases Heard This Week at the Court of Appeal

    Med Mal Cases Heard This Week at the Court of Appeal
    In Kowalski v. St. Francis Hospital and Health Centers, the plaintiff (with a blood alcohol content of .369) checked himself into St. Francis for detoxification. Kowalski later left the hospital unsupervised (and still highly intoxicated)…
  • May 31

    Court of Appeals Holds Failure To Submit Proof With Application For Default Judgment Is A Non-Jurisdictional Defect

    Court of Appeals Holds Failure To Submit Proof With Application For Default Judgment Is A Non-Jurisdictional Defect
    In Manhattan Telecommunications Corp. v. H & A Locksmith, Inc., the Court of Appeals addressed whether failing to submit “proof of the facts constituting the claim” under CPLR 3215(f) is a…
Rank this Week: 3703

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/
  • Jun 10

    Fax Filing Of Reconsideration Request Insufficient To Toll Time To Appeal

    Fax Filing Of Reconsideration Request Insufficient To Toll Time To Appeal
    Myqerem Shatku sued Wal-Mart Stores for negligence. The trial court granted her motion to voluntarily dismiss the case in October 2010. A little more than a year later, Myqerem asked the trial court for permission to re-file her…
  • 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…
Rank this Week: 1796

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
  • Jun 6

    Does The Income Withholding for Support Act Require Strict Compliance?

    Does The Income Withholding for Support Act Require Strict Compliance?
    Our preview of newly petitions for leave to appeal allowed by the Illinois Supreme Court in the closing days of the just-ended May term continues with Schultz v. Performance Lighting, Inc., a decision from the Second District. The plaintiff…
  • Jun 3

    Illinois Not Liable for Elected Officials' Attorney Fees for Intentional, Willful or Wanton Misconduct

    Illinois Not Liable for Elected Officials' Attorney Fees for Intentional, Willful or Wanton Misconduct
    Does the State of Illinois have to pay elected officials' attorney fees when the underlying complaint alleges that the official committed "intentional, willful or wanton misconduct"? Earlier this month, a unanimous Illinois Supreme Court…
  • Jun 3

    Argument Report: Early Retirement Incentives for Municipal Pension

    Argument Report: Early Retirement Incentives for Municipal Pension
    On the final argument day of the May term, the Illinois Supreme Court heard argument in Prazen v. Shoop, one of a brace of public employee pension cases currently on the Court's docket. Our detailed preview of the facts and lower court…
Rank this Week: 4675

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/
Rank this Week: 2034

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/
  • Jun 1

    Physical vs. psychological pain as elements of damages in tort case

    Physical vs. psychological pain as elements of damages in tort case
    physical pain and mental anguish as separate elements of damages   Courts have held that physical pain and mental anguish are in fact separate and distinct elements of damage for personal injuries. See SunBridge Healthcare Corp. v.…
  • May 31

    How do parties enter into a legally binding arbitration agreement?

    How do parties enter into a legally binding arbitration agreement?
    ELEMENTS OF ARBITRATION AGREEMENT The elements of a valid arbitration agreement are: (1) an offer; (2) acceptance in strict compliance with the terms of the offer; (3) a meeting of the minds; (4) each party's consent to the terms; and (5)…
  • May 31

    Declarations as a form of judicial relief (under the DJA)

    Declarations as a form of judicial relief (under the DJA)
    Declaratory relief under the DJA (Declaratory Judgments Act) CLAIMS UNDER THE TEXAS VERSION OF THE UNIFORM DECLARATORY JUDGMENTS ACT (UDJA) Under the declaratory judgment act, "[a] person interested under a . . . written contract. . .…
Rank this Week: 4963

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
Rank this Week: 3985

Texas Appellate Law Blog

Texas Appellate Law Blog

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

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

    SCOTX: Attorney Fees Need Not Be Superseded on Appeal

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

    Happy 100th Birthday, Chief Justice Pope!

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

    Principled Appellate Decision

    Principled Appellate Decision
    Yesterday afternoon, I gave a one-hour presentation to a group of 11 intermediate appellate justices on the topic of “Principled Appellate Decisions.” The presentation was part of the Texas College for Judicial Studies, a…
Rank this Week: 2977

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: 4305

The California Blog of Appeal

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com
Rank this Week: 2895

Florida Appellate Review

Florida Appellate Review

Features news and analysis of Florida Supreme Court, 11th Circuit Court of Appeals, and U.S. Supreme Court decisions and developments. By Dan Bushell.

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

    Legal Writing in the Age of iPad

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

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

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

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

    Congratulations to Florida's Retained Supreme Court Justices and Appellate Judge
    The Florida Supreme Court justices and District Court of Appeal judges who were up for retention votes this year had a great day yesterday. Congratulations go out to all of the retained justices and appellate judges: Florida Supreme…
Rank this Week: 4874

Circuit Splits

Circuit Splits

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

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

    From Dicta to Disarray: Split on the Domestic Relations Exception

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

    Growing Circuit Split Over Removal Statute

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

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

    New Article Addresses Circuit Split Over Pay-for-Delay Settlement
    A new article posted on SSRN, Waiting is the Hardest Part: Why the Supreme Court Should Adopt the Third Circuit's Analysis of Pay-for-Delay Settlement Agreements (by Marlee Kutcher), addresses the current circuit split over the legality of…
Rank this Week: 3981

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: 5071

Appealing Decisions

Appealing Decisions

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

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

    Florida Supreme Court Delimits Economic Loss Rule

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

    Preservation of Error: Prejudicial or Argumenative Closing Argument

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

    Fifth District Changes Method for Obtaining Extensions of Time

    Fifth District Changes Method for Obtaining Extensions of Time
    Beginning March 1, 2013, a party seeking an extension of time to file an intial, answer, or reply brief and who has obtained the agreement of opposing counsel may file a “notice of extension of time” in lieu of a … Continue…
Rank this Week: 3804

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: 2938

The Federal Criminal Appeals Blog

The Federal Criminal Appeals Blog

Covers federal appellate opinions from criminal cases where the defense won. By the Kaiser Law Firm PLLC.

http://www.federalcriminalappealsblog.com/
  • Nov 27

    Short Wins - A Few Things Happened Before Thanksgiving

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

    Short Wins - Thanksgiving Week Edition

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

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

    The Second Circuit Limits Bank Fraud Prosecutions Where A Check Is Validly Issued (and other facts don't get in the way)
    If you're ever involved in a bank fraud case, you should probably read the Second Circuit's opinion reversing Mr. Felix Nkansah's bank fraud conviction. If the government wants to convict someone for bank fraud, the Second Circuit says…
Rank this Week: 3711

Peter Smythe, P.C. Blog

Peter Smythe, P.C. Blog

Covers appellate advocacy and intellectual property law.

http://appeals.me/
  • Oct 28

    Oral Argument – A Tough Case

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

    Unpersuasive Formatting

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

    Chief Justice John Robert

    Chief Justice John Robert
    What the academy is doing, as far as I can tell, is largely of no use or interest to people who actually practice law.
Rank this Week: 3012

An Appeal to Reason

An Appeal to Reason

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

http://donnabader.com
  • Oct 24

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

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

    Sharing appellate tips and knowledge

    Sharing appellate tips and knowledge
     
  • Sep 11

    Have you Googled your clients lately?

    Have you Googled your clients lately?
      The Internet is a great source for information.  As attorneys, we need to get our names out there so prospective clients can find us.  On the flip side, how often do you, as part of your intake, conduct searches on your clients? 
Rank this Week: 3092

vodzaklegal

vodzaklegal

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

http://vodzaklegal.com/blog/
Rank this Week: 3138

Tennessee Appellate Law Blog

Tennessee Appellate Law Blog

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

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

    Supreme Court Grants Five Appeal

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

    Tennessee Adopts Federal Double-Jeopardy Rule

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

    Weekly Review of Habeas Petition

    Weekly Review of Habeas Petition
    Judge D. Kelly Thomas affirmed the circuit court's dismissal of petitioner's petition for writ of habeas corpus.
Rank this Week: 2993

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: 3445

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: 3033

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: 2334

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: 1667

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: 442