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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: 1664

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog
Rank this Week: 2265

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: 2170

Appealing Decisions

Appealing Decisions

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

http://www.flaappellatecounsel.com/
  • Jan 30

    LYNX Surveillance Footage Exempt from Public Inspection

    LYNX Surveillance Footage Exempt from Public Inspection
    In a surprising opinion issued on January 30, 2015, which promises to have a wide-reaching effect, the Fifth District Court of Appeal overturned a declaratory judgment entered in favor of WKMG-TV Local 6, and determined that surveillance…
  • Jan 14

    U.S. Supreme Court Victory for T-Mobile

    U.S. Supreme Court Victory for T-Mobile
    On January 14, 2015, the U.S. Supreme Court issued an opinion in T-Mobile South, LLC v. City of Roswell, Georgia, Case No. 13-975, reversing a decision of the Eleventh Circuit Court of Appeals.  At issue:  whether an application to…
  • Dec 12

    Orange County Sanctioned for Frivolous Appeal

    Orange County Sanctioned for Frivolous Appeal
    In a scathing opinion issued on December 12, 2014, the Fifth District Court of Appeal took Orange County and its attorney to task for its appeal of an order awarding attorneys fees in connection with the County’s violation of…
Rank this Week: 2870

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/
  • Feb 10

    The Harms of Issuing Non-Precedential Opinion

    The Harms of Issuing Non-Precedential Opinion
    In a post last Monday on Prawfsblawg, entitled, On Not Creating Precedent in Plumley v. Austin, Richard M. Re asks, "what’s so wrong with deliberately declining to create precedent?" By his answer, an implied "nothing"…
  • Feb 3

    NY Times on Unpublished Federal Court Decision

    NY Times on Unpublished Federal Court Decision
    Just a real quick tip that in yesterday's NY Times online, Adam Liptak penned a piece about the practice of the federal courts issuing unpublished decisions and what their effect is. In the piece, Liptak quotes the Appellate Advocacy…
  • Feb 3

    Nebraska Supreme Court Procedural Ruling on Pipeline Case

    Nebraska Supreme Court Procedural Ruling on Pipeline Case
    The Nebraska Supreme Court recently issued an opinion concerning the Keystone XL oil pipeline proposed in 2008 by TransCanada Keystone Pipeline, L.P., to carry crude oil products from Canada to the Texas coastline. The opinion is not…
Rank this Week: 3335

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: 331

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/
  • Jan 6

    Today’s Investiture Results in Arkansas’s First Majority Female Supreme Court

    Today’s Investiture Results in Arkansas’s First Majority Female Supreme Court
    An investiture ceremony is being held at the Arkansas Supreme Court today at 1:00 p.m. for the swearing in of three justices: Arkansas Supreme Court Justice Karen Baker, Arkansas Court of Appeals Judge Rhonda Wood, and Arkansas Court of…
  • 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…
Rank this Week: 1731

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/
  • Feb 27

    CEQA; sex offender registration, residency-restriction opinions filing Monday

    CEQA; sex offender registration, residency-restriction opinions filing Monday
    As expected, the Supreme Court will file opinions on Monday in the last three undecided cases from the December calendar.  These will be the last opinions signed by now-retired Justice Marvin Baxter. In Berkeley Hillside Preservation v.…
  • Feb 26

    Supreme Court affirms death judgment, leaves open possible vicarious liability against CHP

    Supreme Court affirms death judgment, leaves open possible vicarious liability against CHP
    The Supreme Court filed two opinions this morning, one a review of a Court of Appeal writ decision and one a decision of an automatic direct appeal of a judgment of death. In State of California v. Superior Court, the court held that the…
  • Feb 25

    Vicarious liability, death penalty opinions filing tomorrow

    Vicarious liability, death penalty opinions filing tomorrow
    Tomorrow morning, the Supreme Court will file two opinions.  In State of California v. Superior Court, the court will address whether the California Highway Patrol can be considered the special employer of a tow truck driver…
Rank this Week: 881

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/
  • Feb 11

    Evidence of Immigration Status: Rarely Relevant, Almost Always Prejudicial

    Evidence of Immigration Status: Rarely Relevant, Almost Always Prejudicial
    Now, more than ever, terms like “illegal alien,” “illegal immigrant,” and “undocumented worker” generate fear and controversy in our society.  And in the courtroom setting, the passionate responses…
  • Jan 7

    Legal Writing: Speak Freely (But Plainly, Please!)

    Legal Writing: Speak Freely (But Plainly, Please!)
    “This petition . . . ask[s] this Court to unmistakably clarify, to the whole patent community, that its Mayo/Biosig/Alice decisions (“3 decisions”) ended the claim construction anomaly hampering especially ET…
  • 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…
Rank this Week: 1597

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/
  • Feb 27

    City of San Marcos v. Loma San Marcos LLC (Cal. Ct. App. - Feb. 27, 2015)

    City of San Marcos v. Loma San Marcos LLC (Cal. Ct. App. - Feb. 27, 2015)
    It's not that I don't feel bad for the defendant in this case.  I do.  It turns out that it was the last holder in a game of hot potato.But a deal's a deal.  Even if it's a bad one.  So it loses the property.Shortened to…
  • Feb 26

    People v. Johnson (Cal. Supreme Ct. - Feb. 26, 2015)

    People v. Johnson (Cal. Supreme Ct. - Feb. 26, 2015)
    Can you guess what this appeal is about?  Can you guess the result?  Here are the first three sentences of the opinion:"A jury convicted defendant Jerrold Elwin Johnson of the first degree murder of Ellen Salling with the special…
  • Feb 24

    People v. Soria (Cal. Ct. App. - Feb. 23, 2015)

    People v. Soria (Cal. Ct. App. - Feb. 23, 2015)
    Nothing good ever comes out of the following fact pattern:"On Saturday, November 28, 2009, around 8:00 or 9:00 p.m., the 44-year-old defendant was home, drinking beer, and playing video games, when his son Theo brought home three friends and…
Rank this Week: 78

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
  • Feb 26

    SCC Monitor (25/02/2015)

    SCC Monitor (25/02/2015)
    A Commentary on Recent Legal Developments by the Canadian Appeals MonitorBy Robert Glasgow and Katie Szilagyi Since our last update, the Supreme Court of Canada denied leave to nine cases, heard one of the most highly anticipated cases of the…
  • Feb 19

    Supreme Court Overrules Rodriguez; Physician-Assisted Death Legal in Canada

    Supreme Court Overrules Rodriguez; Physician-Assisted Death Legal in Canada
    By Byron Shaw Physician-assisted death is permissible in Canada, for competent adults who: (1) clearly consent to the termination of life; and (2) have a grievous and irremediable medical condition that causes enduring suffering that is…
  • Feb 10

    SCC Undoes the Competition Tribunal and FCA Decisions in Tervita

    SCC Undoes the Competition Tribunal and FCA Decisions in Tervita
    Confirms Tribunal Cannot Try to Predict the Future or Weigh Undetermined Effects to Prevent CompetitionBy Laurie Baptiste The highly anticipated judgment of the Supreme Court of Canada (SCC) in Tervita Corporation, et al v Commissioner of…
Rank this Week: 1015

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: 633

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Feb 26

    Florida Bar Seeks Discipline Against Removed Former County Judge

    Florida Bar Seeks Discipline Against Removed Former County Judge
    Jacek Stramski The saga involving former Leon County Judge Judith Hawkins has not ended following her removal from the bench for, among other things, using her office to run a private business by selling a self-published book and for…
  • Feb 15

    Court Considers What Must be in a Return of Service of Proce

    Court Considers What Must be in a Return of Service of Proce
    Kristen Larson On February 5, the Florida Supreme Court issued its opinion in Koster v. Sullivan (SC13-159). The main question was over the facts regarding the manner of service that a return of service was required to list in order for…
  • Jan 31

    Family Law and Judicial Administration Rule and Jury Instruction Changes Adopted

    Family Law and Judicial Administration Rule and Jury Instruction Changes Adopted
    Kristen Larson On January 22, the Court adopted notable changes to rules of family procedure and judicial administration and jury instructions. Florida Family Law Rule of Procedure 12.451 was adopted to mirror Florida Civil Rule of Procedure…
Rank this Week: 1987

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/
  • Feb 25

    Florida Appeals Court Forfeiture Decision A Reflection of Changing Attitudes About Cannabis?

    Florida Appeals Court Forfeiture Decision A Reflection of Changing Attitudes About Cannabis?
    There's no denying that public opinion on the dangerousness of cannabis has changed dramatically in recent years. Florida has not taken the steps that some states have taken to legalize cannabis for medical purposes, let alone for general…
  • Feb 23

    Challenge to Blind Trusts Premature, Florida's 1st DCA Rule

    Challenge to Blind Trusts Premature, Florida's 1st DCA Rule
    There's been considerable teeth gnashing about a 2013 Florida law allowing politicians to hold their assets in blind trusts, and withhold from public disclosure specification of the assets held in those trusts. But the debate is only…
  • 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…
Rank this Week: 4955

Georgia Appeals Blog

Georgia Appeals Blog

Comments on new cases and appellate procedure in Georgia and the Eleventh Circuit. By Andy Clark.

http://andyclarklaw.com/blog/
  • Jan 31

    Braves Stadium Bond Challenge to be Heard in Georgia Supreme Court

    Braves Stadium Bond Challenge to be Heard in Georgia Supreme Court
    On Tuesday, February 3, the Georgia Supreme Court will hear oral arguments in three cases challenging the financing of the new Atlanta Braves stadium in Cobb County. Since the cases combine my interest in baseball with my interest in…
  • Jan 13

    Protecting Attorney’s Fees Awards from Appeal

    Protecting Attorney’s Fees Awards from Appeal
    Georgia courts cannot award attorney’s fees to a party unless specifically authorized to do so by statute or contract. This is the “American Rule” that probably every litigating attorney knows. But some may not know that, to…
  • Dec 5

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

    Possible Revisions to Georgia’s “Super-Plain Error” Rule, OCGA § 17-8-57
    On November 17, in Rouse v. State, the Georgia Supreme Court reversed a murder conviction because the trial court told the venire “you will be hearing about a case, which is a murder case, that happened in Muscogee County.” These…
Rank this Week: 2715

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 19

Illinois Appellate Lawyer Blog

Illinois Appellate Lawyer Blog

Covers the appellate record, constitutional analysis, jurisdiction, mootness, rehearings and the standard of review. By Steven R. Merican.

http://www.illinoisappellatelawyerblog.com/
  • Dec 22

    Illinois Discovery Order A Judgment, Triggering 30-Day Appeal Deadline

    Illinois Discovery Order A Judgment, Triggering 30-Day Appeal Deadline
    Daewoo International paid American Metals Trading $14.5 million for pig iron. But American Metals didn’t deliver, so Daewoo started an arbitration proceeding. In support of the arbitration, Daewoo got an order of attachment against…
  • Dec 10

    Statutory Deadline For Notice Of Appeal Trumps Supreme Court Rule

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

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

    Illinois Supreme Court Can’t Decide Chicago Red-Light Camera Case
    The Illinois Supreme Court’s single-paragraph opinion in Keating v. City of Chicago, 2014 IL 116054 (11/20/14), is remarkable because the court was unable to render a decision. The case involved the validity of Chicago’s red-light…
Rank this Week: 1055

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
  • Feb 21

    Police Corruption Hinders Philadelphia Drug War

    Police Corruption Hinders Philadelphia Drug War
    In light of recent allegations of corruption and abuse by six Philadelphia narcotics officers, District Attorney Seth Williams will throw out more than 300 drug-related cases, according to First Assistant District Attorney Ed McCann. The…
  • Feb 20

    New Report: U.S. Death Penalty is Rooted in Lynching Past

    New Report: U.S. Death Penalty is Rooted in Lynching Past
    In an article discussing Attorney General Eric Holder's recent call for a death penalty moratorium -which was based in part on the risk of executing the innocent - the Atlanta Black Star writes about the Equal Justice Initiative's (EJI) new…
  • Feb 19

    Groups from Both Sides of the Political Spectrum Seek to Reform the System

    Groups from Both Sides of the Political Spectrum Seek to Reform the System
    Criminal justice advocates from both sides of the political spectrum have formed a coalition to work together to fix the system. The Coalition for Public Safety, which includes such diverse partners as the American Civil Liberties Union and…
Rank this Week: 733

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: 3285

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/
  • Feb 18

    The Michigan Supreme Court has taken up a…

    The Michigan Supreme Court has taken up a proposal for a court rule proposal regarding the publication standards and the citation to unpublished opinions. See ADM 2014-09. The proposal emanated from the Michigan Court of Appeals. As an…
  • Dec 7

    Appellate judge writes dissent based on her conviction

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

    Busy week for child welfare world

    Busy week for child welfare world
    The Court of Appeals published two cases this week in child welfare cases. The first In re Kanjia (Docket 320055) examined whether the Michigan Supreme Court's decision in Sanders applied to appeals from an order terminating parental rights…
Rank this Week: 3769

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: 2440

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: 3869

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
Rank this Week: 4449

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/
  • Feb 12

    Evidence From Single Trash Pull Can Be Enough For a Warrant

    Evidence From Single Trash Pull Can Be Enough For a Warrant
    The Ohio Supreme Court has held that evidence seized from a single trash pull that corroborates tips and background information involving drug activity is sufficient to establish probable cause for a warrant. The case is State v. Jones, Slip…
  • Sep 26

    Ohio Supreme Court: “All or Nothing” Defense Does Not Prevent Instruction On Lesser Included Offense

    Ohio Supreme Court: “All or Nothing” Defense Does Not Prevent Instruction On Lesser Included Offense
    The case is State v. Wine, No. 2014-Ohio-3948. The Ohio Supreme Court has held that a defendant who presents an “all or nothing” defense in a criminal trial does not have the right to prevent a trial court from giving…
  • Sep 23

    Ohio Supreme Court Holds That Attorney Is Required for Resentencing Hearing

    Ohio Supreme Court Holds That Attorney Is Required for Resentencing Hearing
    The Ohio Supreme Court has held that a defendant is entiled to an attorney at a resentencing hearing. The court explained that “a resentencing hearing is a critical stage of a criminal proceeding to which the right to counsel…
Rank this Week: 2722

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: 4985

Pennsylvania Legal Blog

Pennsylvania Legal Blog

Commentary and news about the Pennsylvania Legal community. By the Law Offices of Daniel J. Siegel, LLC.

http://www.palegalblog.com
Rank this Week: 3092

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: 4926

Prove My Florida Case

Prove My Florida Case

Covers Florida appellate, evidentiary, and trial perspectives and issues. By David M. Adelstein.

http://www.provemyfloridacase.com
Rank this Week: 3064

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/
  • Feb 25

    In Employment Discrimination Cases Legitimate, Nondiscriminatory Justification Necessary Before Court Considers Pretext

    In Employment Discrimination Cases Legitimate, Nondiscriminatory Justification Necessary Before Court Considers Pretext
    On February 24, 2015, the HAWSCT issued an opinion (authored by Justice Pollack) in Adams v. CDM Media USA, Inc., SCWC-12-0000741, a case we designated as a writ to watch here, holding that an employer must “articulate a legitimate,…
  • Feb 20

    More Tips from the Ninth Circuit & How the Court Decides to Schedule a Case for Oral Argument

    More Tips from the Ninth Circuit & How the Court Decides to Schedule a Case for Oral Argument
    The Ninth Circuit Court of Appeals visited Honolulu again recently to hear oral arguments on February 17-19. On the 17th, the judges graciously visited with members of the local bar to provide tips for practicing before the court. In…
  • Feb 11

    To Appeal or Not to Appeal

    To Appeal or Not to Appeal
    Yesterday, February 10, 2015, the HSBA Appellate Section welcomed former Hawaii Supreme Court Associate Justice Steven Levinson at its regular monthly meeting to discuss the topic of the factors that should be considered before an appeal is…
Rank this Week: 1674

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Feb 27

    Argument preview: The Confrontation Clause, once more

    Argument preview: The Confrontation Clause, once more
    At 11 a.m. Monday, the Supreme Court will hold one hour of oral argument to continue to explore the constitutional right of an accused person to confront at trial the witnesses for the prosecution.  Arguing for the state in…
  • Feb 27

    Petition of the day

    Petition of the day
    The petition of the day is:
  • Feb 27

    This week’s argument audio

    This week’s argument audio
    Oyez has posted audio recordings and transcripts of this week’s arguments. The Court heard arguments this week in: Coleman v. Tollefson Kerry v. Din Tibble v. Edison International Henderson v. United States Equal Employment Opportunity…
Rank this Week: 13

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/
  • Jan 2

    SC Supreme Court – Streaming Oral Argument

    SC Supreme Court – Streaming Oral Argument
    The South Carolina Supreme Court is now streaming its oral arguments. The Court’s upcoming roster is available here. You may view the oral arguments live or watch past arguments. Links to oral arguments in other state…
  • Dec 29

    A Pitfall in SC Workers Comp Appeal

    A Pitfall in SC Workers Comp Appeal
    Does a petition for the South Carolina Workers’ Compensation Appellate Panel to reconsider its decision toll the time to further appeal? The state Supreme Court will decide on its review of Rhame v. Charleston County School District,…
  • Dec 1

    When Are SC Orders Effective?

    When Are SC Orders Effective?
    The South Carolina Court of Appeals recently reaffirmed that a trial court order is not effective until the clerk of court enters it. The case is West v. Luck Ave. Properties, Op. No. 2014-UP-415 (S.C. Ct.App. filed Nov. 26, 2014).…
Rank this Week: 2741

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: 550

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

    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…
Rank this Week: 4155

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/
  • Feb 27

    2014 Judicial Appointment Data

    2014 Judicial Appointment Data
    Governor Brown Releases2014 Judicial Appointment DataSACRAMENTO – Governor Edmund G. Brown Jr. today released annual applicant and appointee data for the administration’s judicial appointments.From 2011 through 2014, there were…
  • Feb 27

    Potter apparates to San Jose quickly

    Potter apparates to San Jose quickly
    Today's MetNews has Dan Potter Named Clerk of Sixth District Court of Appeal, noting "longtime assistant clerk/administrator of the Second District Court of Appeal, is leaving that post next week to become clerk/administrator of the Sixth…
  • Feb 27

    Beds: "Viewpoint: Airbags in His Underpants"

    Beds: "Viewpoint: Airbags in His Underpants"
    Yep, that sounds like a Beds' column (click here); except that it's not really about what you might think at all; it's far more serious, it's about -- oh, wait, wow, have you seen these dancing kittens? And ten ways celebrities lose…
Rank this Week: 700

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: 3434

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
Rank this Week: 1689

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/
  • Feb 4

    Elements of proof in wrongful foreclosure case and measure of damage

    Elements of proof in wrongful foreclosure case and measure of damage
    ELEMENTS OF CAUSE OF ACTION FOR WRONGFUL FORECLOSURE   The elements of a wrongful-foreclosure claim are: (1) a defect in the foreclosure sale proceedings; (2) a grossly inadequate selling price; and (3) a causal connection between the…
  • Feb 3

    Statute of frauds as to loans for more than $50,000

    Statute of frauds as to loans for more than $50,000
    THRESHOLD DOLLAR AMOUNT FOR STATUTE OF FRAUDS IN LOAN CONTRACTS  The statute of frauds provides that a "loan agreement in which the amount involved in the loan agreement exceeds $50,000 in value is not enforceable unless the agreement is…
  • Jan 16

    Common-law marriage in Texas - Elements of Proof

    Common-law marriage in Texas - Elements of Proof
    ESSENTIAL ELEMENTS OF AN INFORMAL MARRIAGE IN TEXAS It's commonly called common-law marriage, but the legal term is informal marriage. As a further complication, an informal marriage can be made formal by registration, but often an…
Rank this Week: 4566

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: 1498

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: 3013

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
  • Feb 20

    Illinois Supreme Court Agrees to Decide Fiduciary Duty Claim Against Former Counsel

    Illinois Supreme Court Agrees to Decide Fiduciary Duty Claim Against Former Counsel
    In a few weeks’ time over at Appellate Strategist’s sister blog, the Illinois Supreme Court Review, we’ll address the question of just how rare it is to get an unpublished decision – what we in Illinois call a Rule 23…
  • Feb 20

    The Illinois Supreme Court – A Flipboard Magazine

    The Illinois Supreme Court – A Flipboard Magazine
    If you’re on Flipboard, check out Illinois Supreme Court, featuring news and analysis on the work of the Illinois Supreme Court from many different viewpoints gathered from around the internet. Image courtesy of Flickr by David…
  • Feb 19

    Illinois Supreme Court Agrees to Decide When Tender Will Moot Putative Class Claim

    Illinois Supreme Court Agrees to Decide When Tender Will Moot Putative Class Claim
    The plaintiff files a skeletal class certification motion the same day as his putative class complaint. Subsequently, the defendant tenders a check to the plaintiff representing everything the plaintiff could recover for his action. Is the…
Rank this Week: 2475

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
  • Jan 23

    Can your trial judge give you a boost toward getting appellate review of a non-appealable order?

    Can your trial judge give you a boost toward getting appellate review of a non-appealable order?
    In theory, at least, the answer is yes, in some circumstances, by certifying the non-appealable order pursuant to Code of Civil Procedure section 166.1. Yesterday’s opinion in Audio Visual Services Group, Inc. v. Superior Court,…
  • 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…
Rank this Week: 1513

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/
  • Feb 12

    The Seventh Circuit Continues to Make Entrapment Meaningful

    The Seventh Circuit Continues to Make Entrapment Meaningful
    Entrapment is making a comeback. As a defense I mean. It started making a comeback as a government tactic shortly after September 11 before it migrated to the non-national security law enforcement world. And the Seventh Circuit appears to…
  • Feb 11

    Short Wins - the Restitution Edition

    Short Wins - the Restitution Edition
    In this set of short wins, the one that I'd like to call attention to is United States v. Cuti. Restitution is not a sexy issue. It isn't as fun to read about as, say, a Brady fight, or a glaring evidentiary problem at a trial. But it's…
  • Feb 5

    Ponzi Schemes, Loss, and Credit Against Lo

    Ponzi Schemes, Loss, and Credit Against Lo
    In white-collar cases, loss drives the sentencing guidelines. If a person is convicted of a federal fraud charge, probably the single biggest legal issue that will matter to that person's sentence is what the loss amount is. By contrast,…
Rank this Week: 812

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: 4928