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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 21

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Nov 26

    Petition of the day

    Petition of the day
    The petition of the day is: Mata v. Holder 14-185 Issue: Whether the Fifth Circuit erred in this case in holding that it has no jurisdiction to review petitioner’s request that the Board of Immigration Appeals equitably toll…
  • Nov 26

    Editor’s Note

    Editor’s Note
    At 9:30 a.m. on Monday we expect additional orders from the Court’s November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.
  • Nov 26

    SCOTUSblog on camera: Eric Schnapper (Part five)

    SCOTUSblog on camera: Eric Schnapper (Part five)
    Wondering how it went; what to learn from looking back; the importance of moot courts; and why the regular presence of cameras at oral argument is a bad idea. “Just the way they say, ‘Battle plans never survive contact…
Rank this Week: 12

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/
  • Nov 26

    Summary of November 25, 2014, conference report for civil case

    Summary of November 25, 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 Tuesday, November 25, 2014.  The summary includes those civil cases in which (1) review has…
  • Nov 26

    “A bold, young pick for state’s high court”

    “A bold, young pick for state’s high court”
    The Sacramento Bee editorial page likes Governor Brown’s choice of 38-year-old Leondra Kruger for the Supreme Court.  Calling the appointment Brown’s “boldest move yet to infuse the court with new blood and high-powered…
  • Nov 26

    Pitchess motion opinion filing Monday

    Pitchess motion opinion filing Monday
    The Supreme Court will celebrate Cyber Monday by uploading to the court’s website its opinion in Riverside County Sheriff’s Department v. Stiglitz. The case raises this issue:  Does the hearing officer in an administrative…
Rank this Week: 968

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/
  • Nov 26

    2d DCA pro tem update

    2d DCA pro tem update
    Judge Helen Bendix of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until January 31, 2015Judge Lee Edmon of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until December 31, 2014…
  • Nov 25

    More noteworthy December appellate program

    More noteworthy December appellate program
    Looking for a reason to spend a Friday (and then, perhaps the weekend) in the Bay Area? Friday, Dec. 5: BASF hosts "View from the Appellate Bench" with an all-star panel of speakers including: Justice Liu, Justices Richman, Pollak, Siggins,…
  • Nov 24

    Supreme Court nomination!!! Angeleno Leondra Kruger

    Supreme Court nomination!!! Angeleno Leondra Kruger
    Governor Brown SelectsLeondra R. Krugerfor California Supreme CourtSACRAMENTO – Governor Edmund G. Brown Jr. today announced Leondra R. Kruger as his choice for associate justice of the California Supreme Court. Leondra R. Kruger,…
Rank this Week: 1229

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
Rank this Week: 4013

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
  • Nov 26

    Update: Motion for testing in Rodney Reed case denied by visiting judge

    Update: Motion for testing in Rodney Reed case denied by visiting judge
    Judge Doug Shaver denied the Innocence Project's motion for testing of evidence which could exclude Rodney Reed from involvement in the 1996 murder of 19-year-old Stacey Stites for which he is scheduled to be executed in January. Staff…
  • Nov 25

    Innocence Project Seeks DNA Testing for Death Row Inmate

    Innocence Project Seeks DNA Testing for Death Row Inmate
    Innocence Project staff attorney Bryce Benjet appeared before a Texas court today seeking DNA testing of crime scene evidence that could prove that Rodney Reed is innocent of the 1996 rape and murder of Stacey Stites. Reed, who is scheduled…
  • Nov 24

    Arkansas Woman Seeks Clemency From Governor Beebe

    Arkansas Woman Seeks Clemency From Governor Beebe
    On June 12, 1994, Belynda Goff walked out of her bedroom, where she had been sleeping with her three-year old son, to find her husband, Stephen, lying unconscious just inside the doorway of their apartment. She immediately called to request…
Rank this Week: 537

The California Blog of Appeal

The California Blog of Appeal

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

http://www.calblogofappeal.com
  • Nov 25

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

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

    New blog to cover California Supreme Court

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

    What can Ernest Hemingway teach you about legal writing?

    What can Ernest Hemingway teach you about legal writing?
    In a Wall Street Journal article last month, “Why Adverbs, Maligned by Many, Flourish in the American Legal System,” Ernest Hemingway is cited twice as an example of an effective writer who eschewed adverbs. This colorful…
Rank this Week: 1095

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/
  • Nov 25

    In Re M.D. (Cal. Ct. App. - Nov. 24, 2014)

    In Re M.D. (Cal. Ct. App. - Nov. 24, 2014)
    Justice Pollak tells you in this opinion where to go in this opinion if you want to pick up a 16-year old prostitute in the Bay Area:  Laguna and Ellis Streets in Concord.Why this particular location?  Justice Pollak explains why,…
  • Nov 24

    U.S. v. Prince (9th Cir. - Nov. 24, 2014)

    U.S. v. Prince (9th Cir. - Nov. 24, 2014)
    The bad news for Byron Prince is that he accidentally shot himself with a revolver.  Oops.The worse news for Mr. Prince is that, since he's a felon, once the United States realized (presumably at the hospital) that he accidentally shot…
  • Nov 24

    People v. Aleksanyan (Cal. App. Div. (LA) - Nov. 5, 2014)

    People v. Aleksanyan (Cal. App. Div. (LA) - Nov. 5, 2014)
    Were I ever sentenced to probation, a lot of time, I think and take my lumps and just let it go.  Even if I thought the conviction was dubious in some way.Because, yeah, I could appeal.  Because who wants a conviction on one's…
Rank this Week: 86

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/
  • Nov 24

    A Strategy to Withholding Dissent?

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

    Maryland Appellate Blog Post on Federal Judicial Vacancie

    Maryland Appellate Blog Post on Federal Judicial Vacancie
    In a new post on the Maryland Appellate Blog, Steve Keppler offers a useful reminder about federal judicial vacancy problem and offers some proposals for addressing it. As he suggests, "the next six months provide a window of time…
  • Nov 9

    Nevada Votes for Intermediate Appellate Court

    Nevada Votes for Intermediate Appellate Court
    Following up on my earlier post regarding the Nevada ballot question regarding the addition of an intermediate appellate court in Nevada, voters in that state approved the measure by only a slight margin. Ballotpedia has this summary. This…
Rank this Week: 1922

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
  • Nov 24

    What tangled webs we weave: The BCCA provides guidance on the tort of deceit and exclusion of liability clause

    What tangled webs we weave: The BCCA provides guidance on the tort of deceit and exclusion of liability clause
    By Ryan MacIsaac The British Columbia Court of Appeal’s decision in Roy v Kretschmer, 2014 BCCA 429 provides guidance on the element of reliance in the tort of deceit. It also holds that a contractual clause limiting liability is…
  • Nov 24

    This Week at the SCC (21/11/2014)

    This Week at the SCC (21/11/2014)
    A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Anthony Alexander This was a busy week at the Court, with the release of one oral decision, and eight leave-to-appeal rulings, all likely to be…
  • Nov 19

    Fast Forward: What Will You Be Doing in 2020?

    Fast Forward: What Will You Be Doing in 2020?
    By Elder Marques and Leila Rafi Canadian Appeals Monitor co-editor and litigation partner Elder Marques, together with business law partner Leila Rafi were guest-bloggers on the Cordell Parvin Blog this week, writing about some of their…
Rank this Week: 4163

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
  • Nov 24

    Trademarks, civil rights, and rib roast with green peppercorn-coffee-rosemary-garlic rub over sweet potato mash

    Trademarks, civil rights, and rib roast with green peppercorn-coffee-rosemary-garlic rub over sweet potato mash
    Civil rights -- Due process -- Colleges and universities -- Former tenured university professor brought complaint under 42 U.S.C. section1983 alleging his termination failed to comport with procedural due process -- District court did not err…
  • Nov 21

    Easley again recognized among legal leaders in 2014

    Easley again recognized among legal leaders in 2014
    Congratulations to Dorothy Easley of Easley Appellate Practice for being recognized as a top appellate lawyer in the 2014 Super Lawyers Business Edition just released.  Ms. Easley is recognized as an attorney selected to the Super…
  • Nov 15

    The general rules on contract enforceability in Florida and recent contract decision

    The general rules on contract enforceability in Florida and recent contract decision
    To determine a contract’s enforceability, the Florida Supreme Court has long-established that Florida uses the objective (as opposed to the subjective) test (first expressed by the late Supreme Court Justice Oliver Wendell Holmes): The…
Rank this Week: 609

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/
Rank this Week: 1023

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Nov 21

    Do Civil Appeal Harmless Error Findings Require Special Consideration?

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

    Court Orders Release of Documents in Redistricting Case

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

    When is a Suspicion Founded Sufficiently to Support a Detention?

    When is a Suspicion Founded Sufficiently to Support a Detention?
    Kristen Larson Earlier this month the Florida Supreme Court heard Williams v. State. (SC13-2315). The central issue in this case is whether the Fourth District Court of Appeals erred in affirming the trial court’s admission of evidence…
Rank this Week: 3121

Arkansas Appeal

Arkansas Appeal

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

http://arkansasappeals.com/
  • Nov 21

    Were Your Arguments Made in Chambers Preserved for Appeal?

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

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

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

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

    Arbitration Clauses Not Enforceable in Arkansas State Courts Where There is No Mutuality of Obligation
    Following these recent decisions, parties should expect any questionable arbitration clause to be contested in litigation in an Arkansas state court. Although the Federal Arbitration Act (FAA) might be applicable, it is state contract law…
Rank this Week: 4775

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/
  • Nov 19

    Courts Must Consider Refusal to Participate In Mediation in Assessing Attorneys’ Fees in Condominium Dispute

    Courts Must Consider Refusal to Participate In Mediation in Assessing Attorneys’ Fees in Condominium Dispute
    On November 13, 2014, the HAWSCT issued its unanimous opinion in Association of Apartment Owners of Discovery Bay v. Mitchell, SCWC-11-0000151, a case we designated as a writ to watch here, vacating the ICA’s decision and remanding to the…
  • Nov 17

    County has no legal duty to maintain record

    County has no legal duty to maintain record
    On November 13, 2014, the HAWSCT issued its unanimous opinion in Molfino v. Yuen, SCWC-10-0000150, a case we designated as a writ to watch here, refusing to impose a common law duty of reasonable care requiring a county planning department to…
  • Nov 14

    The Appellate Record, November 2014

    The Appellate Record, November 2014
    The November 2014 issue of The Appellate Record, the official newsletter of the HSBA Appellate Section, contains summaries of recent Hawaii opinions and many appeal practice pointers and other advice given by the Section's panelists at the…
Rank this Week: 1001

The Federal Criminal Appeals Blog

The Federal Criminal Appeals Blog

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

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

    Short Wins - the Dramatic Catch-Up Edition

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

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

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

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

    The Government Gets Slapped Back to District Court in a Fake Stash House Robbery Case
    Fake stash house robbery cases are an embarrassment to a civilized society. Here's what happens. An undercover ATF agent finds a guy and does some deals with him. He then tells the guy he knows of a stash house where there are a lot of…
Rank this Week: 955

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: 2092

Florida Appellate Review

Florida Appellate Review

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

http://www.floridaappellatereview.com/
  • Nov 6

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

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

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

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

    Modern Technology Impacts Service of Proce

    Modern Technology Impacts Service of Proce
    Avenues of communication have dramatically expanded over the past few decades, with email, social media, the proliferation of mobile phones, and text messaging making it easier and easier to make contact with the vast majority of people.…
Rank this Week: 3778

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Nov 5

    2014 Election Results, Texas Appellate Edition

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

    Texas Appellate Courts Get a Major Website Upgrade

    Texas Appellate Courts Get a Major Website Upgrade
    If you’ve received CaseMail updates this week, you’ve likely noticed something new when clicking on the link embedded in your notification emails. Last Friday, the Texas appellate courts got a major online upgrade with the…
  • 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…
Rank this Week: 1320

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/
  • Nov 3

    Expired Suspension Moots Construction Company’s Appeal

    Expired Suspension Moots Construction Company’s Appeal
    Chester Bross Construction Company was the low bidder on a number of Illinois Department of Transportation projects. But instead of awarding Bross the work, the Department suspended Bross from competing for any Department contracts for two…
  • Oct 27

    Write Like Earl Fatha Hines Mosey

    Write Like Earl Fatha Hines Mosey
    Paralyzed by that white screen mocking you? Close your eyes for a few minutes and let this piano massage your brain. Then write your appellate brief like Earl Fatha Hines moseys along the Santa Fe Trail.
  • Oct 25

    Lack Of Notary Dooms Husband’s Notice Of Appeal

    Lack Of Notary Dooms Husband’s Notice Of Appeal
    Anita and Sushil Sheth got divorced. Sushil was custodian on several of the couple’s two children’s financial accounts. Anita asked the trial court to remove Sushil as custodian. The trial court did so, and also denied…
Rank this Week: 1144

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Oct 31

    Legal commentary on CBS 6 o’clock new

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

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

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

    Appellate Judges Education Institute seminar in Dallas, TX

    Appellate Judges Education Institute seminar in Dallas, TX
    The American Bar Association’s Judicial Division and Southern Methodist University’s Dedman School of Law will be hosting a seminar in Dallas, Texas from November 13-16, 2014.  The seminar will be co-hosted by the ABA’s…
Rank this Week: 4359

Appealing Decisions

Appealing Decisions

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

http://www.flaappellatecounsel.com/
  • Oct 29

    Interesting Glimpse Into Florida’s 5th DCA

    Interesting Glimpse Into Florida’s 5th DCA
    This article was recently published by the Daytona Beach News-Journal. It’s always fascinating to get an insider’s behind-the-scenes view of the courthouse.
  • 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…
Rank this Week: 3877

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: 2896

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: 3884

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: 4055

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: 3856

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: 1913

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: 2635

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: 1404

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: 1710

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: 2564

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: 3555

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: 3595

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: 3771

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: 4084

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: 4812

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: 3711

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: 1455

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: 712

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: 324