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How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com

May 26
“Wyoming courts got Crow Tribe treaty wrong, says U.S. solicitor general”

“Wyoming courts got Crow Tribe treaty wrong, says U.S. solicitor general”

“Wyoming courts got Crow Tribe treaty wrong, says U.S. solicitor general”: Brett French of The Billings Gazette has this report.
May 26
“Disabled Yemeni Child, Cited in Supreme Court Review of Travel Ban, Gains Entry to U.S.; Several Supreme Court justices had focused on the case of Shaema Alomari as part of their review of the Trump administration’s travel ban”

“Disabled Yemeni Child, Cited in Supreme Court Review of Travel Ban, Gains Entry to U.S.; Several Supreme Court justices had focused on the case of Shaema Alomari as part of their review of the Trump administration’s travel ban”

“Disabled Yemeni Child, Cited in Supreme Court Review of Travel Ban, Gains Entry to U.S.; Several Supreme Court justices had focused on the case of Shaema Alomari as part of their review of the Trump administration’s travel…
May 26
“Trump’s sustained attacks on American rights”

“Trump’s sustained attacks on American rights”

“Trump’s sustained attacks on American rights”: Joan Biskupic of CNN has this news analysis.

Rank this Week: 149

SCOTUSblog

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

http://www.scotusblog.com/

May 25
Petition of the day

Petition of the day

The petition of the day is: McKee v. Cosby 17-1542 Issue: Whether a victim of sexual misconduct who merely publicly states that she was victimized (i.e., #metoo) has thrust herself to the forefront of a public debate in an attempt…
May 25
Petitions to watch | Conference of May 24

Petitions to watch | Conference of May 24

In its conference of May 24, 2018, the court considered petitions involving issues such as whether the rule espoused in Steel Company v. Citizens for a Better Environment, which held that a federal court generally may not rule on the…
May 25
SCOTUS Map: May 2018

SCOTUS Map: May 2018

Justice Ruth Bader Ginsburg is known as one of the Supreme Court’s speediest writers, a distinction that leaves her, perhaps, with ample time for speaking engagements, even during the hectic final months of the Supreme Court’s…

Rank this Week: 9

California Appellate Report

Thoughts on recent Ninth Circuit and California appellate cases, by University of San Diego School of Law Professor Shaun Martin.

http://calapp.blogspot.com/

May 25
People v. Berg (Cal. Ct. App. - May 25, 2018)

People v. Berg (Cal. Ct. App. - May 25, 2018)

Maybe you were drunk when you were arrested. But it's now two days later, and you've been in jail the entire time. You might not have immediately known it at first. But it makes sense that, after two days, your voluntary…
May 24
In re Ruedas (Cal. Ct. App. - May 24, 2018)

In re Ruedas (Cal. Ct. App. - May 24, 2018)

I haven't read one of these in a while. But they're always fun to see. Opinions that, from the very first paragraph, jump out at you and let you know full well who's writing it even before you reach the end where the author of the…
May 24
Multani v. Knight (Cal. Ct. App. - May 24, 2018)

Multani v. Knight (Cal. Ct. App. - May 24, 2018)

I wish I'd have thought of this as a question for a first year law school exam! It's a great one.Justice Willhite raises the issue concisely:"The primary question presented in this case is: Can a landlord be held liable to a commercial…

Rank this Week: 66

This Week's Florida Appeals Court…

This Week's Florida Appeals Court Decisions

Provides a summary of selected civil and criminal cases. By Carlton Fields.

https://www.carltonfields.com/florida-appeals-court-decisions/

May 25
Week of May 21 - 25, 2018

Week of May 21 - 25, 2018
May 18
Week of May 14 - 18, 2018

Week of May 14 - 18, 2018
May 11
Week of May 7 - 11, 2018

Week of May 7 - 11, 2018

Rank this Week: 2022

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/

May 25
Appellate Advocacy Blog Weekly Roundup May 25, 2018

Appellate Advocacy Blog Weekly Roundup May 25, 2018

Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure...
May 24
Thinking Thursdays: What's in a parenthetical?

Thinking Thursdays: What's in a parenthetical?

Ruth Anne Robbins, Distinguished Clinical Professor of Law, Rutgers Law School Parentheticals. We love them, but we don’t always understand how to use them. An empirical study and article by Professor Michael Murray compiling the most-often…
May 19
The Art of Legal Writing: The Sentence

The Art of Legal Writing: The Sentence

Unlike the neglected stepchild of writing (the paragraph), sentences get plenty of attention. Dozens of books tell you how to write the "perfect" one. Dozens more try to convince you that the "perfect" sentence doesn't…

Rank this Week: 2192

At the Lectern: Practicing Before…

At the Lectern: Practicing Before the California Supreme Court

Features news and commentary on the practice of law before the California Supreme Court. By Horvitz & Levy LLP.

http://www.atthelectern.com/

May 24
At its weekly conference, Supreme Court grants review in second bail case and reserves its option to transfer death penalty habeas corpus petition

At its weekly conference, Supreme Court grants review in second bail case and reserves its option to transfer death penalty habeas corpus petition

As reported, the Supreme Court at its Wednesday conference granted review on its own motion of a much-publicized Court of Appeal decision that found unconstitutional the setting of bail in an amount the defendant couldn’t pay. But…
May 24
Based on an issue not raised by the parties, and avoiding constitutional questions, Supreme Court allows for some access to social media by criminal defendant

Based on an issue not raised by the parties, and avoiding constitutional questions, Supreme Court allows for some access to social media by criminal defendant

In Facebook Inc. v. Superior Court (Hunter), the Supreme Court today holds that federal law — the Stored Communications Act — does not bar Facebook and other social media service providers from complying with criminal…
May 24
Supreme Court upholds government collective grape marketing against free speech challenge

Supreme Court upholds government collective grape marketing against free speech challenge

Finding that “payers of taxes and fees may be required to subsidize [certain government] speech, even when they disagree with it,” the Supreme Court today rejects a challenge to the California Table Grape Commission’s…

Rank this Week: 3056

Canadian Appeals Monitor

Covers Canadian appeal court decisions. By McCarthy Tetrault.

https://www.mccarthy.ca/en/insights/blogs/canadian-appeals-monitor

May 23
Procedural Fairness Alive and Well in Ontario

Procedural Fairness Alive and Well in Ontario
May 8
BCCA Rules Overdraft Fees Exceeding $5 Constituted “Interest” under Criminal Code

BCCA Rules Overdraft Fees Exceeding $5 Constituted “Interest” under Criminal Code
May 4
The SCC Clarifies a Heightened Threshold Requirement for Mandatory Injunctions in R v Canadian Broadcasting Corporation

The SCC Clarifies a Heightened Threshold Requirement for Mandatory Injunctions in R v Canadian Broadcasting Corporation

Rank this Week: 1915

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/

May 22
Should facts color legal analysis?

Should facts color legal analysis?

Today's DJ features Divorcing the Message from the Messenger, in which 2/2's Justice Hoffstadt asks: "Is it possible to ignore the messenger, which in this context means the facts about the litigant pressing a claim? And if so, is…
May 21
Program w/the Chief & Justice Corrigan

Program w/the Chief & Justice Corrigan

On Monday, June 4 a consortium of distaff bar groups (CWL, WLALA, BWLLA, LLBA, etc.) is presenting A Conversation with Chief Justice Tani Cantil-Sakauye and Associate Justice Carol Corrigan at the venerable Taix restaurant on Sunset at 6 p.m.…
May 21
2d DCA pro tem update

2d DCA pro tem update

The following are currently sitting on assignment: Judge Laura A. Matz of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two until June 30, 2018Judge Halim Dhanidina of the Los Angeles Superior Court, will be sitting…

Rank this Week: 242

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

May 21
Guest Post. In Sharper Focus: Standing in Ohio Courts: Divergence From and Convergence with Federal Law

Guest Post. In Sharper Focus: Standing in Ohio Courts: Divergence From and Convergence with Federal Law

*This guest post was co-authored by Professor Michael Solimine and Kristen Elia. Professor Solimine is the Donald P. Klekamp Professor of Law at the University of Cincinnati College of Law. He has written extensively on the topic of standing…
May 18
Toledo Abortion Clinic Gets New License, Now Permitted to Resume Surgical Abortions.

Toledo Abortion Clinic Gets New License, Now Permitted to Resume Surgical Abortions.

On February 6, 2018, the Supreme Court of Ohio held the license of Capital Care Network of Toledo, Northwest Ohio’s last remaining abortion clinic, was properly revoked by the Ohio Department of Health for failure to have an appropriate…
May 16
Oral Argument Preview: Are Custodians of Self-Directed IRAs Liable for Purchasing Illegal Securities? Cynthia Boyd; Thomas Flanders v. Kingdom Trust Company; PENSCO Trust Company; John Does 1-25

Oral Argument Preview: Are Custodians of Self-Directed IRAs Liable for Purchasing Illegal Securities? Cynthia Boyd; Thomas Flanders v. Kingdom Trust Company; PENSCO Trust Company; John Does 1-25

On May 22, 2018, the Supreme Court of Ohio will hear oral argument in the case of Cynthia Boyd; Thomas Flanders v. Kingdom Trust Company; PENSCO Trust Company; John Does 1-25., 2017-1336. At issue in this case is … Continue reading…

Rank this Week: 2323

The Federal Criminal Appeals Blog

Covers federal appellate opinions from criminal cases where the defense won. By KaiserDillon PLLC.

http://www.federalcriminalappealsblog.com/

May 17
So you want to serve your sentence at home?

So you want to serve your sentence at home?

The First Circuit’s decision in United States v. Lopez-Pastrana, 15-1894 (1st. Cir. May 4, 2018) is long, but can be summed up simply: federal courts can’t impose a term of supervised release on a charge that resulted in…
May 1
Never Say Never: The First Circuit Reverses District Court’s Denial of Section 2254 Habeas Petition and Orders Issuance of the Great Writ

Never Say Never: The First Circuit Reverses District Court’s Denial of Section 2254 Habeas Petition and Orders Issuance of the Great Writ

The First Circuit rarely reverses, particularly in criminal cases. You can read First Circuit opinions for months without coming across a defense-friendly opinion. And a federal grant of a 2254 habeas petition by any court is a…
Apr 8
9th Circuit: Remand for misapplication of Sentencing Guidelines “minor role” adjustment; vague supervised release conditions vacated; limitation on district court authority to revoke expired supervised release term

9th Circuit: Remand for misapplication of Sentencing Guidelines “minor role” adjustment; vague supervised release conditions vacated; limitation on district court authority to revoke expired supervised release term

United States v. Diaz, 884 F.3d 911 (9th Cir. 2018): Ninth Circuit remands for improper application of Sentencing Guidelines “minor role” adjustment Once upon a time, teenage boys called “newsies” stood on street…

Rank this Week: 937

Lundgren & Johnson Blog

Educational legal blog written for the layman on criminal defense, personal injury, and civil rights topics.

https://lundgrenjohnson.com/blog/

May 15
Minnesota’s Revenge Porn Law: A Restriction on Free Speech?

Minnesota’s Revenge Porn Law: A Restriction on Free Speech?

In 2016, Minnesota joined a majority of states in criminalizing the nonconsensual dissemination of private sexual images, otherwise known as “revenge porn.” As we have written about here, Minnesota’s revenge porn law…
Mar 2
Criminal Vehicular Homicide Charges: Part II

Criminal Vehicular Homicide Charges: Part II

In Lundgren & Johnson’s first article from the criminal vehicular operation series in October 2017, we discussed the eight categories of Minnesota criminal vehicular homicide (CVH) and criminal vehicular operation (CVO)…
Feb 15
Minnesota Supreme Court: A Pistol in a Center Console is “Carrying a Pistol”

Minnesota Supreme Court: A Pistol in a Center Console is “Carrying a Pistol”

Yesterday, the Minnesota Supreme Court issued an important decision of statewide significance. In State v. Prigge, the court was asked whether a person may be found guilty of carrying a pistol under the influence when the... Read more…

Rank this Week: 1826

Arkansas Appeal

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

http://arkansasappeals.com/

May 9
Creating Hyperlinks in Adobe

Creating Hyperlinks in Adobe

One of the questions we receive quite frequently is about creating hyperlinks to the sections of a brief. With electronic filing of briefs now required, and with hyperlinks required as part of electronic filing, this is something every…
Feb 22
First Annual Justice Donald L. Corbin Appellate Symposium to Be Held in March

First Annual Justice Donald L. Corbin Appellate Symposium to Be Held in March

The Pulaski County Bar Foundation is presenting the first annual Justice Donald L. Corbin Appellate Symposium at the UA Little Rock Bowen School of Law on Thursday, March 29, 2018 and Friday, March 30, 2018. The complete brochure…
Feb 14
Electronic Filing of Appellate Briefs is now Mandatory in Arkansas Appellate Court

Electronic Filing of Appellate Briefs is now Mandatory in Arkansas Appellate Court

The Arkansas Supreme Court has recently issued a per curiam opinion making electronic filing of appellate briefs mandatory as of January 1, 2018. In its per curiam, the Court made a few changes and clarifications to the pilot project…

Rank this Week: 3118

Record on Appeal

Focuses on case law analysis, appellate events, and other topics in the area of appellate law. By Rebecca A. Copeland.

http://www.recordonappeal.com/

May 7
Meet Hawaii's Newest ICA Chief Judge

Meet Hawaii's Newest ICA Chief Judge

For the first time since the ICA was established, it has its first female Chief Judge. On April 24, 2018, ICA Associate Judge Lisa Ginoza was sworn in as Chief Judge of the court. (* Photo from the Hawaii Judiciary's website: Chief Justice…
May 3
Hawaii Supreme Court Certiorari Practice Pointer

Hawaii Supreme Court Certiorari Practice Pointer

A few months ago, the HSBA Appellate Section hosted a discussion on Hawaii Supreme Court certiorari practice. The speakers were appellate attorney Peter Esser and retired HAWSCT Associate Justice Steven Levinson. The speakers provided many…
Mar 24
2018 Hawaii State Bar Association Board

2018 Hawaii State Bar Association Board

This blogger is proud to be serving her third term as an Oahu Director on the HSBA Board! With all of the other dedicated men and women who serve our bar.

Rank this Week: 2962

Pennsylvania Legal Blog

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

http://www.palegalblog.com

May 3
A 94% Percent Success Rate – Wow!

A 94% Percent Success Rate – Wow!

Our firm is unique because many of our clients are lawyers, including firms that you see on TV or on I-95. They consult with us about ethical questions, and they hire our firm to prepare their appeal briefs, answer motions to dismiss and…
Apr 16
The Small Firm Difference – A Freudian Slip of the Tongue That Tells the Truth

The Small Firm Difference – A Freudian Slip of the Tongue That Tells the Truth

We are often asked why a client should hire a small firm where clients speak directly with their attorney rather than a larger firm, with a large staff, large overhead, and levels of bureaucracy? When it comes to heavily advertised areas of…
Apr 14
Authenticating Social Media Evidence Is Harder Than Lawyers Think

Authenticating Social Media Evidence Is Harder Than Lawyers Think

Let’s play a game. You’re the judge. Under the following facts, is the social media evidence admissible? After obtaining a Court Order allowing him to obtain a criminal defendant’s Facebook records, the prosecutor files a…

Rank this Week: 2641

I Object!

Covers the rules for preserving the record for appeal. By Carlton Fields.

https://www.carltonfields.com/preservation-of-error-blog/

May 3
For Want Of A Deadline: Avoiding A Jurisdictional Pitfall

For Want Of A Deadline: Avoiding A Jurisdictional Pitfall

The time for appealing from an order, whether final or non-final, is typically jurisdictional. If the appellant or petitioner misses the applicable deadline, the appellate court lacks jurisdiction to review the order on appeal. Consequently,…
Apr 6
Together, But Independent – Finality Under Rule 42(a) Consolidation

Together, But Independent – Finality Under Rule 42(a) Consolidation

The United States Supreme Court recently clarified that cases consolidated under Rule 42(a) of the Federal Rules of Civil Procedure retain their independent identities “at least to the extent that a final decision in one is immediately…
Mar 23
Objection, Interrupted

Objection, Interrupted

It’s a cardinal rule that to preserve an argument at trial, counsel must make a contemporaneous objection. Even cardinal rules, however, have their exceptions. In US Bank National Association v. Tranumn, No. 1D16-491, 2018 WL 267276…

Rank this Week: 2028

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/

Apr 27
Recent Appellate Rulings Create Concern For Michigan Adoption

Recent Appellate Rulings Create Concern For Michigan Adoption

Two recent Michigan Court of Appeals decisions, if not reversed, may end up hindering direct placement adoptions in Michigan. The rulings in In re MGR, Minor and In re LMB, Minor are concerning for prospective adoptive parents because they…
Apr 20
Michigan Court Of Appeals: Coercing Child Into Gender Role Is ‘Abuse’

Michigan Court Of Appeals: Coercing Child Into Gender Role Is ‘Abuse’

A trial court properly took jurisdiction over a mother’s three children after she allegedly coerced one of them into a gender role with which the child did not identify, the Michigan Court of Appeals has ruled, finding that the…
Apr 16
Federal Appeals Court: Employer Unreasonably Denied Pregnant Worker’s Telecommuting Request

Federal Appeals Court: Employer Unreasonably Denied Pregnant Worker’s Telecommuting Request

An employer should not have denied an employee’s request to telecommute during the final 10 weeks of her pregnancy because the request was a “reasonable accommodation” under the…

Rank this Week: 2199

The Appellate Blog @Bonuchi Law

Provides summaries of appellate opinions-completed with practice tips-from Missouri's Supreme Court as well as from the surrounding Federal Courts of Appeals and SCOTUS. The Blog also delivers entries about legal news, lawyering, and appellate practice.

http://www.bonuchilaw.com/blog.html

Apr 12
The More the Merrier? For experts, the Mo Supreme Court will soon say.

The More the Merrier? For experts, the Mo Supreme Court will soon say.

Posted: April 12, 2018 In October 2017, the Court of Appeals for the Eastern District took the unusual step of reversing a jury verdict for the defending doctor in a medical negligence case because the trial court had let in too many experts…
Feb 19
Appellate Counsel Dodges Ineffective Counsel Tag for Choice of Points on Appeal

Appellate Counsel Dodges Ineffective Counsel Tag for Choice of Points on Appeal

Posted: February 19, 2018 A defendant who admitted kicking, beating, and strangling a man to death lost his bid for a new trial based on the supposed ineffective assistance of appellate counsel in [Meiners v. State, No. SC96278 (Jan. 23,…
Jan 25
Argument Held On First Amendment Challenge to Missouri's Informed Consent Law

Argument Held On First Amendment Challenge to Missouri's Informed Consent Law

We [noted back in October](http://www.bonuchilaw.com/post/21/challenge-to-abortion-informed-consent-law-transferred-to-missouri-supreme-court) that the Supreme Court of Missouri accepted transfer to hear a novel First Amendment challenge to…

Rank this Week: 1956

Canadian Appeals Monitor

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

http://www.canadianappeals.com

Apr 4
Under the influence: R v Carson broadly defines criminal offence of influence peddling

Under the influence: R v Carson broadly defines criminal offence of influence peddling

By Awanish Sinha and Ryan MacIsaac Lots of people will boast about their connections with government officials. Some people even get paid to lobby the government. But when does conduct cross the line into criminal influence peddling? In R. v.…
Mar 26
The Federal Court of Appeal restores transactional common interest privilege

The Federal Court of Appeal restores transactional common interest privilege

By Patrick Williams In 2016, the Federal Court broke with its own precedents and other Canadian courts and held that parties to a commercial transaction who shared a privileged document waived privilege over that document. In IGGillis…
Mar 9
The Supreme Court’s Decision in Livent: a Framework for Deciding Auditor’s Negligence Case

The Supreme Court’s Decision in Livent: a Framework for Deciding Auditor’s Negligence Case

By Mira Novek and William D. Black In its much anticipated decision in Deloitte & Touche v. Livent Inc. (Receiver of),[1] the Supreme Court of Canada has considerably reduced the damage award payable by an auditor after it failed to…

Rank this Week: 3240

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/

Mar 31
Bill toughening penalties for harm and threats to family lawyers heads to Wisconsin governor

Bill toughening penalties for harm and threats to family lawyers heads to Wisconsin governor

"A bill that would make it a felony to harm or threaten lawyers for their work in family law cases is heading to Wisconsin Gov. Scott Walker.The Wisconsin Senate approved the bill known as Sara’s Law on Tuesday evening, WSAW reports.…
Mar 23
Three Reasons To Hire An Appellate Lawyer

Three Reasons To Hire An Appellate Lawyer

This is a great, short explanation of what appellate lawyers bring to the litigation table and how they help you and trial counsel: "Three Reasons To Hire An Appellate Lawyer" post by Bona Law PCThe Law Lady. For more info about us,…
Mar 10
Portabella mushrooms, arugula, and bison pizza with garlic, rosemary and olive oil drizzle, with jurisdiction, contracts, arbitration recent decision

Portabella mushrooms, arugula, and bison pizza with garlic, rosemary and olive oil drizzle, with jurisdiction, contracts, arbitration recent decision

Arbitration -- Employee severance payment -- Condition of approval -- Final judgment confirming payment of severance package awarded in arbitration is reversed and vacatur of order of dismissal is affirmed where trial court's final judgment…

Rank this Week: 4148

Mass Appeals Blog

Covers appellate issues affecting practice in Massachusetts and important appellate cases. By Cross Nadel LLC.

http://www.crossnadel.com/mass-appeals-blog

Mar 12
Let's Play The In Pari Delicto Blame Game! Can an Auditor Use Fraud it Missed as a Shield from Liability for Missing the Fraud.

Let's Play The In Pari Delicto Blame Game! Can an Auditor Use Fraud it Missed as a Shield from Liability for Missing the Fraud.

Photo Credit: Fraud Detection by Nick Youngson CC BY-SA 3.0 ImageCreatorAuditors are people too. They make mistakes and when they do, they can be sued and held liable for them. Sometimes.But what if a company sues its independent auditor for…
Oct 6
Just Add Water: Dissolving a Deadlocked Corporation in Massachusetts.

Just Add Water: Dissolving a Deadlocked Corporation in Massachusetts.

The Supreme Judicial Court in its recent decision in Koshy v. Sachdev (SJC-1222) issued its first interpretation of the Massachusetts G.L. c. 156D, section 14.30, the Massachusetts corporate dissolution statute, and held that a 50%…
Sep 27
Back to School Roundup: the SJC and Appeals Court are back in full swing in September

Back to School Roundup: the SJC and Appeals Court are back in full swing in September

Just as the leaves start to turn and we are all busy sending our kids back to school, September session in the Appeals Court and the Supreme Judicial Court were upon us.

Rank this Week: 1801

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/

Feb 13
An Evening with the Supreme Court of Texa

An Evening with the Supreme Court of Texa

The Appellate Sections of the Austin Bar Association and the State Bar of Texas are once again co-sponsoring “An Evening with the Supreme Court of Texas.” This event—which has been held biennially since 2008—will take…
Jan 20
New Year, New Name

New Year, New Name

In this inaugural post for 2018, I’d like to announce a significant change in my firm. As of January 1, 2018, Smith Law Group has become Smith Haley Nobles. I started this firm in 2006 as a sole proprietorship. Solo life was great,…
Nov 29
Sticky Fee

Sticky Fee

If it seems to you that there are many more appeals of attorneys’ fees these days, you’re right. Appeals involving attorneys’ fees have risen steeply over the last seven years. There is something happening in this area of…

Rank this Week: 946

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

Feb 6
I’m back!

I’m back!

Or, should I say, the blog is back. I’m not sure how much blogging I will do in the near future, but at least the old posts are up again after an extended outage. The fix was really simple, but it took three tech support guys at my…
Sep 25
TrueFiling comes to the Second District Court of Appeal

TrueFiling comes to the Second District Court of Appeal

Perhaps the title of this post should be the other way around: The Second District Court of Appeal comes to TrueFiling. Although the The Second District has had e-filing for some document sin place for several years, it appears to…
Aug 21
Mandatory e-filing in the California Supreme Court is imminent – learn the rules!

Mandatory e-filing in the California Supreme Court is imminent – learn the rules!

The California Supreme Court adopted voluntary e-filing this summer, but e-filing will become mandatory on September 1, 2017. The court uses the TrueFiling system, which I have found to be rather user-friendly.…

Rank this Week: 3996

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 5
Miami Seaquarium’s Treatment of Killer Whale Doesn’t Violate Endangered Species Act, 11th Circuit Rule

Miami Seaquarium’s Treatment of Killer Whale Doesn’t Violate Endangered Species Act, 11th Circuit Rule

The past few years have shown that litigation continues to be a viable vehicle for bringing about societal change, particularly when legislative action does not follow changes in public opinion on high profile issues. The same sex marriage…
Dec 4
Florida's Ban on Credit Card Surcharges Declared Unconstitutional

Florida's Ban on Credit Card Surcharges Declared Unconstitutional

You may have gone to pay for a purchase and been told by the store owner that there was an extra charge to pay by credit card. And you've undoubtedly gone to a gas station with two sets of prices: lower prices for cash and higher prices for…
Dec 4
Florida’s Ban on Credit Card Surcharges Declared Unconstitutional

Florida’s Ban on Credit Card Surcharges Declared Unconstitutional

You may have gone to pay for a purchase and been told by the store owner that there was an extra charge to pay by credit card. And you’ve undoubtedly gone to a gas station with two sets of prices: lower prices for cash and higher prices…

Rank this Week: 2875

TCB's Legal Blog

Criminal defense news. By Thomas C. Brandstrader.

http://chicagofelony.com/legal-posts/

Jan 15
When confronted by law enforcement…

When confronted by law enforcement…

Continuing the discussion of the appropriate demeanor when confronted by law enforcement, unexpectedly, it is important to be cognizant of your rights. Again, be calm and respectful. You are required to identify yourself to the point of…
Oct 28
Marshall project

Marshall project

I cannot recommend strongly enough a video montage created by the Marshall Project and the New Yorker…an intimate and different perspective of the many sides of our criminal justice system…
Jul 18
Five things you should do if you are pulled over by a policeman:

Five things you should do if you are pulled over by a policeman:

Be polite Identify your self with license and insurance Listen to any question being asked Answer only that question in the fewest words as possible; Be aware of your rights as a free citizen protected from unreasonable search and seizure (to…

Rank this Week: 2176

California Appellate Law Blog

News and insight about appellate law. By Archer Norris, a professional law corporation.

http://www.caappellatelaw.com/

Dec 20
Attorney Fees Provision May Be Enforced Even If the Contract Is Deemed Void

Attorney Fees Provision May Be Enforced Even If the Contract Is Deemed Void

In a recent opinion, the California Court of Appeal held that a party could be liable for the prevailing party’s attorney fees and costs even though the underlying contracts were deemed void and unenforceable. In California-American…
Jun 12
Are remands to administrative agencies always immediately appealable? Not quite yet.

Are remands to administrative agencies always immediately appealable? Not quite yet.

In Dhillon v. John Muir Health, 2017 Cal. LEXIS 3649, the Supreme Court of California shed some light on the resolution of the long-standing conflict concerning the appealability of a trial court’s order on a petition for writ of…
Jun 12
Are remands to administrative agencies always immediately appealable? Not quite yet.

Are remands to administrative agencies always immediately appealable? Not quite yet.

In Dhillon v. John Muir Health, 2017 Cal. LEXIS 3649, the Supreme Court of California shed some light on the resolution of the long-standing conflict concerning the appealability of a trial court’s order on a petition for writ of…

Rank this Week: 795

Appealing Decisions

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

http://www.flaappellatecounsel.com/

Dec 14
Florida Supreme Court Justice Case Dismissed on Ripeness Ground

Florida Supreme Court Justice Case Dismissed on Ripeness Ground

The Florida Supreme Court, in a per curiam decision, dismissed a petition seeking quo warranto relief brought by the Florida League of Women Voters challenging Governor Rick Scott’s ability to appoint three new Supreme Court…
Nov 8
The Perils of De Novo Review

The Perils of De Novo Review

Florida’s Third District Court of Appeal issued an opinion today that highlights the perils of de novo review. De novo review is the broadest standard of review for an appellate court, reserved for construing pure matters of law,…
Jul 26
Lowndes Attorneys Obtain Favorable Rulings for Court-Appointed Receiver

Lowndes Attorneys Obtain Favorable Rulings for Court-Appointed Receiver

Orlando, FL–Lowndes, Drosdick, Doster, Kantor & Reed, P.A. is pleased to announce that shareholder, Richard Dellinger, and appellate attorney, Jennifer R. Dixon, prevailed in defending a client appointed to serve as a receiver in…

Rank this Week: 3377

The Appellate Strategist

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

http://www.appellatestrategist.com

Nov 15
Join Me on November 15 for “Patterns and Practice: How Analyzing the Illinois Supreme Court Can Boost Your Appeals”

Join Me on November 15 for “Patterns and Practice: How Analyzing the Illinois Supreme Court Can Boost Your Appeals”

On November 15 at the Union Club in Chicago, I’ll have the pleasure of joining the members of the Appellate Lawyers Association and the South Asian Bar Association of Chicago for a discussion of the data analytics revolution as it…
Nov 15
Join Me on November 15 for “Patterns and Practice: How Analyzing the Illinois Supreme Court Can Boost Your Appeals”

Join Me on November 15 for “Patterns and Practice: How Analyzing the Illinois Supreme Court Can Boost Your Appeals”

On November 15 at the Union Club in Chicago, I’ll have the pleasure of joining the members of the Appellate Lawyers Association and the South Asian Bar Association of Chicago for a discussion of the data analytics revolution as it…
Oct 30
Join Me on November 15 for “Patterns and Practice: How Analyzing the Illinois Supreme Court Can Boost Your Appeals”

Join Me on November 15 for “Patterns and Practice: How Analyzing the Illinois Supreme Court Can Boost Your Appeals”

On November 15 at the Union Club in Chicago, I’ll have the pleasure of joining the members of the Appellate Lawyers Association and the South Asian Bar Association of Chicago for a discussion of the data analytics revolution as it…

Rank this Week: 3541

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog

Sep 13
Can you impeach your own witness in Alabama? Rule 607 provides the answer.

Can you impeach your own witness in Alabama? Rule 607 provides the answer.

An issue that still arises during trials, especially jury trials, is whether a party can impeach their own witness. Impeaching your own witness means that you are attacking the testimony and/or credibility of a witness that you put on the…
Sep 11
Hurricane Irma Courthouse Closure

Hurricane Irma Courthouse Closure

Due to weather conditions created by Hurricane Irma, the following Alabama county courthouses will be closed on September 11, 2017: Barbour Blount Bullock Calhoun Chambers Cherokee Clay Cleburne Coffee Coosa Dale Elmore Etowah Geneva Henry…
Feb 10
Drug Forfeiture Appeals – Car forfeiture reversed based on innocent owner defense

Drug Forfeiture Appeals – Car forfeiture reversed based on innocent owner defense

Alabama asset forfeiture law provides an extensive list of items that law enforcement officers can seize in connection with drug crimes. Under Alabama Code Section 20-2-93(a)(5) (1975), this list includes your car if it is used to sell or…

Rank this Week: 514

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/

Aug 25
Implications of disclaimer of reliance in contract for subsequent litigation

Implications of disclaimer of reliance in contract for subsequent litigation

DISCLAIMER OF RELIANCE IN CONTRACT MAY PRECLUDE CERTAIN CLAIMSIF THERE IS A DISPUTE LATERProof of reliance is an essential element of fraud, fraudulent inducement, and DTPA claims. See Cruz v. Andrews Restoration, Inc., 364…
Aug 22
Class action over Illegal form contracts by roofing contractor may proceed: Lon Smith & Assoc. Inc v Key

Class action over Illegal form contracts by roofing contractor may proceed: Lon Smith & Assoc. Inc v Key

LON SMITH & ASSOCIATES, INC. AND A-1 SYSTEMS, INC., D/B/A LON SMITH ROOFING AND CONSTRUCTION, Appellants,v.JOE KEY AND STACCI KEY, Appellees. No. 02-15-00328-CV. Court of Appeals of Texas, Second District, Fort Worth. Delivered:…
Jul 28
Foreclosure: Accrual of right to foreclose and applicable statute of limitation

Foreclosure: Accrual of right to foreclose and applicable statute of limitation

DOES DEFAULT TRIGGER THE RUNNING OF LIMITATIONS PERIOD? "Under Texas law, a secured lender must foreclose on its `real property lien not later than four years after . . . the cause of action accrues.'" Rivera, 607 F. Appx. at…

Rank this Week: 2895

Georgia Appeals Blog

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

http://andyclarklaw.com/blog/

Apr 11
The 18 U.S.C. § 2422(b) “substantial step” requirement

The 18 U.S.C. § 2422(b) “substantial step” requirement

A few weeks ago I posted some documents at my clients’ request about a pending case. I’ve now been asked by another client to share some of his case materials. It’s an online enticement of a minor case under 18…
Mar 22
Forsyth Second Baptist Church v. Hester

Forsyth Second Baptist Church v. Hester

At my clients’ request, I’m sharing documents relating to Forsyth Second Baptist Church et al. v. John Hester et al., an action pending in Monroe County Superior Court. This is not the complete file. This matter is set for…
Feb 10
HB 256 Would Roll Back 2016 Sovereign Immunity Decision

HB 256 Would Roll Back 2016 Sovereign Immunity Decision

A bill in the Georgia General Assembly would effectively undo the Georgia Supreme Court’s decision in Rivera v. Washington, 298 Ga. 770 (2016). House Bill 256 would amend OCGA § 5-6-34(a) to allow direct appeal, as a…

Rank this Week: 553

An Appeal to Reason

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

http://www.anappealtoreason.com/

Mar 7
Proposed federal legislation attacks California's elder abuse and dependent adult law

Proposed federal legislation attacks California's elder abuse and dependent adult law

With this incoming Administration, I became concerned that we would focus on Trump's antics and the fact that Kellyanne Conway was sitting on a couch in the Oval Office with her legs folded underneath her. Meanwhile, the House has been…
Feb 10
An Appeal to Reason

An Appeal to Reason

When I picked the title of my blog, An Appeal to Reason, I thought it was a clever title. It had the word "appeal" in it to describe the type of work I do, but it also focused on the process that one uses to write a…
Sep 11
Supreme Court abolishes automatic depublication rule

Supreme Court abolishes automatic depublication rule

For many years, we have operated under the rule that when the California Supreme Court grants a petition for review, the decision by the Court of Appeal can no longer be cited as valid law. A new rule, which took effect on July 1, 2016,…

Rank this Week: 4082

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/

Feb 10
Mr Kluxen said Concentrate

Mr Kluxen said Concentrate

The American Bar Association this week asks: “Do you apply lessons you learned playing sports to your work in law?” I was pitching in a youth-league baseball game when events turned out of my control. From the sideline, Mr.…
Feb 10
Mr Kluxen said Concentrate

Mr Kluxen said Concentrate

The American Bar Association this week asks: “Do you apply lessons you learned playing sports to your work in law?” I was pitching in a youth-league baseball game when events turned out of my control. From the sideline, Mr.…
Sep 22
Comcast Bungles Telephone Number

Comcast Bungles Telephone Number

If you called my office the last couple of days, you got a recorded message saying you reached a number that is no longer in service. That’s true — it is no longer in service. Temporarily anyway, until Comcast fixes a…

Rank this Week: 1232

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/

Dec 29
Second Department Denies Summary Judgment to Plaintiff On His Labor Law § 241(6) Claim Where Issues of Fact Remain as to Plaintiff's Comparative Fault

Second Department Denies Summary Judgment to Plaintiff On His Labor Law § 241(6) Claim Where Issues of Fact Remain as to Plaintiff's Comparative Fault

In Cardenas v. 111-127 Cabrini Apartments Corp., the plaintiff was injured while painting when he fell from a ladder that had a defective supporting bracket that could become unlocked without warning. He commenced an action against the…
Dec 29
First Department Finds Sole Proximate Cause In Labor Law Action Where Plaintiff Chose the Method of Securing Equipment That Fell and Contributed to His Injury

First Department Finds Sole Proximate Cause In Labor Law Action Where Plaintiff Chose the Method of Securing Equipment That Fell and Contributed to His Injury

In Guido v. DASNY, plaintiff parked his truck on top of debris outside of a construction site where his employer was performing work, causing his truck to "tilt." As he was loading his employer's ladders into the truck, they slid causing him…
Dec 27
First Department Seemingly Finds That Whether Ambiguity Exists in an Insurance Contract Depends on the Facts of the Case Rather Than the Terms of the Insuring Agreement

First Department Seemingly Finds That Whether Ambiguity Exists in an Insurance Contract Depends on the Facts of the Case Rather Than the Terms of the Insuring Agreement

We had previously reported that in Dean v. Tower Ins. Co., the Court of Appeals had affirmed the First Department on a finding that the term "reside" in an insurance policy issued by Tower Insurance was ambiguous. This issue has appeared…

Rank this Week: 601

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com

Sep 25
The Antique Firearm Exception to Florida’s Felon-in-Possession Statute

The Antique Firearm Exception to Florida’s Felon-in-Possession Statute

Jacek Stramski | The Supreme Court recently clarified the antique firearm exception to Florida’s “felon-in-possession” statute. The exception excludes antique firearms from the general probition on possessing firearms by…
Sep 18
Court Orders New Mayoral Election for Miami Garden

Court Orders New Mayoral Election for Miami Garden

Jacek Stramski | The City of Miami Gardens will have to hold a second election for mayor after the Florida Supreme Court invalidated the election held on August 30, 2016. In Wright v. City of Miami Beach (SC16-1518), the Court
Jul 9
When is an Accident a Crash under Florida’s Hit and Run Statute?

When is an Accident a Crash under Florida’s Hit and Run Statute?

Jacek Stramski | On July 7, the Supreme Court of Florida considered what it means for a vehicle to be “involved in a crash” for purposes of section 316.027, Florida Statutes. Gaulden v. State (SC14-399). The Court concluded in a

Rank this Week: 2289

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

https://appeal.pro/news/

Jun 19
Importance of Candor to the Court

Importance of Candor to the Court

Dallas Court of Appeals Justices Ada Brown, Molly Francis, and Bill Whitehill spoke at a Dallas Association of Young Lawyers seminar in the Merrill Hartman Courtroom of the George Allen
Jun 19
Importance of Candor to the Court

Importance of Candor to the Court

Dallas Court of Appeals Justices Ada Brown, Molly Francis, and Bill Whitehill spoke at a Dallas Association of Young Lawyers seminar in the Merrill Hartman Courtroom of the George Allen […]
Feb 29
My Review of a Mexican Traffic Stop

My Review of a Mexican Traffic Stop

As with all vacations, I had mixed feelings that this one was ending. I had a wonderful time, alternating between relaxing at the Cancun hotel with my extended family (including

Rank this Week: 4396

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,…
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!):

Rank this Week: 2876

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: 4171

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: 2867

Abstract Appeal

Covers Florida Law and the Eleventh Circuit Court of Appeals. By Matt Conigliaro.

http://www.abstractappeal.com/

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.
Feb 21
Fourth District: No Jurisdiction, But Direction

Fourth District: No Jurisdiction, But Direction

The plaintiff in this case attempted to appeal a circuit court’s order refusing to reopen a file. The Fourth District determined that the order was not appealable as a final or non-final order and dismissed the appeal. Interestingly,…

Rank this Week: 926

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: 860

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: 480

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