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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: 1073

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog

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…
Feb 10
Alabama Forfeiture Statute – Ala. Code Section 20-2-92 Drug Crime Forfeiture

Alabama Forfeiture Statute – Ala. Code Section 20-2-92 Drug Crime Forfeiture

A common problem faced by people arrested on drug charges in Alabama is that law enforcement is also seeking to seize their property under Alabama’s forfeiture statute. Because this issue arises so frequently in court, we have copied…
Jan 25
Motion for Mistrial for undisclosed evidence in Alabama felony cases must be timely made

Motion for Mistrial for undisclosed evidence in Alabama felony cases must be timely made

There are a variety of situations in Alabama criminal trials that may cause a judge to declare a mistrial, or at least cause one of the attorneys to request one. One of the times where a motion for a mistrial may be appropriate is where…

Rank this Week: 2796

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: 4181

Appealing Decisions

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

http://www.flaappellatecounsel.com/

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…
Jan 12
SCOTUS Voids Florida’s Death Penalty

SCOTUS Voids Florida’s Death Penalty

Breaking News: In an 8-1 decision, the Supreme Court of the United States finds that Florida’s death penalty violates the U.S. Constitution in that it takes power that should belong to juries and vests it in trial…
Oct 27
Florida’s Highest Court Refuses Webster’s Request for “Seat at the Table”

Florida’s Highest Court Refuses Webster’s Request for “Seat at the Table”

Today, the Supreme Court of Florida entered an order denying U.S. Senator, Daniel Webster’s request to intervene in the widely-reported Florida redistricting case, League of Women Voters of Florida, Inc., et al. v. Detzer, Case No.…

Rank this Week: 3296

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/

Aug 21
Will the 9th Circuit be Split?

Will the 9th Circuit be Split?

The issue of splitting the United States Court of Appeals for the Ninth Circuit into two or more judicial circuits is not a new one. However, as Law360 recently pointed out, "proponents of a split may be gaining more traction...
Aug 15
#TwitterTuesday--Legal Poetry

#TwitterTuesday--Legal Poetry

Sometimes Twitter can provide you with a great grammar or appellate advocacy tip. Sometimes it can make you smile. And sometimes it can do both. For #TwitterTuesday this week we are following @RuleHaiku. Rule Haiku converts the Federal Rules…
Aug 14
Supreme Court to Require E-Filing

Supreme Court to Require E-Filing

The Supreme Court recently announced that on November 13, 2017, its electronic filing system will be up and running. Thankfully, the Court’s program will not be part of the PACER system. Rather, according to the National Journal, the…

Rank this Week: 2538

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: 638

Arkansas Appeal

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

http://arkansasappeals.com/

Feb 28
The Arkansas Court of Appeals Holds that Sanctions and Contempt Are Not the Same

The Arkansas Court of Appeals Holds that Sanctions and Contempt Are Not the Same

The Arkansas Rules of Appellate Procedure–Civil provide that “[a]n appeal may be taken from a circuit court to the Arkansas Supreme Court from . . . [a] civil or criminal contempt order, which imposes a sanction and…
Oct 26
Child Visitation Order Not Final Where Contempt and Child Support Issues Were Left Undecided

Child Visitation Order Not Final Where Contempt and Child Support Issues Were Left Undecided

If you’ve followed this blog for very long, one of the topics that arises quite frequently is the issue of whether or not an order is a final, appealable order. This question often arises in family law cases, because there are so…
Oct 9
The Arkansas Supreme Court Clarifies the Standard for Terminating Consensual Guardianships of Minor

The Arkansas Supreme Court Clarifies the Standard for Terminating Consensual Guardianships of Minor

Suppose a mother consented to a guardianship of her child because she had a drug problem and was seeking treatment.1 Now suppose the mother, after putting her life back together, walks into your office and wants to terminate the guardianship.…

Rank this Week: 3046

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/

Aug 22
“Speaking out against immigration raids is her duty, California justice says”

“Speaking out against immigration raids is her duty, California justice says”

The Sacramento Bee reports on Chief Justice Tani Cantil-Sakauye’s appearance this morning at a Capitol panel discussion hosted by Senate Judiciary Committee Chair Hannah-Beth Jackson. (Video here.) The Chief Justice…
Aug 21
Major national appellate summit to be held in Long Beach this November

Major national appellate summit to be held in Long Beach this November

The Appellate Judges Education Institute (AJEI) is holding its fourteenth annual nationwide appellate Summit at the Westin Hotel in Long Beach, California, on November 2 through 5, 2017. The summit, presented in coordination with the Center…
Aug 21
No opinions today, but five due in the next 10 day

No opinions today, but five due in the next 10 day

The Supreme Court almost always files its opinions on Mondays and Thursdays at 10:00 a.m. sharp. Also, the court files its opinions within 90 days after submission of the case (see here and here), which usually occurs as soon as oral…

Rank this Week: 207

California Appellate Law Blog

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

http://www.caappellatelaw.com/

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…
Apr 10
Don’t Assume That the Assets of the Receivership Estate Will Be Used to Pay for the Receivership

Don’t Assume That the Assets of the Receivership Estate Will Be Used to Pay for the Receivership

Parties (typically plaintiffs) may request the appointment of a receiver in cases involving disputes over corporate assets or interests in real estate. But the appointment of a receiver may have unexpected consequences for the party…
Jan 10
“Do-Over” Arbitrations—Appeals Without Appellate Rules?

“Do-Over” Arbitrations—Appeals Without Appellate Rules?

Are the commonly accepted features of arbitration—speed and finality—being watered down by rules permitting a second arbitration that expose parties to delays and significantly increased expenses? In a recently published decision,…

Rank this Week: 4163

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/

Aug 22
In Re Google Header Referral Privacy Litigation (9th Cir. - Aug. 22, 2017)

In Re Google Header Referral Privacy Litigation (9th Cir. - Aug. 22, 2017)

Google settles a class action, and every single penny of the multi-million dollar settlement goes to (1) the attorneys, and (2) an award of cy pres funds to various privacy organizations -- most of which are at the alma matters of the…
Aug 21
U.S. v. Castillo-Mendez (9th Cir. - Aug. 21, 2017)

U.S. v. Castillo-Mendez (9th Cir. - Aug. 21, 2017)

The sun may be disappearing (temporarily, anyway). The United States may be headed by the former head of a reality show. But even in the crazy world in which we live, some things do not change.Like the Ninth Circuit having to…
Aug 17
Skulason v. California Bureau of Real Estate (Cal. Ct. App. - Aug. 16, 2017)

Skulason v. California Bureau of Real Estate (Cal. Ct. App. - Aug. 16, 2017)

What Justice Humes says is absolutely right:"Skulason’s point is well taken. There is no doubt that the Internet substantially increases the ease with which the public can access information that was previously available only…

Rank this Week: 135

Canadian Appeals Monitor

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

http://www.canadianappeals.com

Aug 16
Ivic. v. Lakovic: vicarious liability is no short-cut to compensation

Ivic. v. Lakovic: vicarious liability is no short-cut to compensation

By Kosta Kalogiros On June 2, 2017, the Ontario Court of Appeal decided, in what it described as a case of first impression, that a taxi company was not vicariously liable for a sexual assault allegedly committed by one of its employees,…
Jul 27
The SCC versus the “culture of complacency”: R. v. Cody

The SCC versus the “culture of complacency”: R. v. Cody

By Emily MacKinnon and Adriana Forest In R v. Cody, 2017 SCC 31, the Supreme Court of Canada reiterated its earlier call for reform to the criminal justice system, criticizing a “culture of complacency” toward delays. The…
Jul 18
The Supreme Court concludes there is no need to prove psychiatric illness to establish mental injury: Saadati v. Moorhead

The Supreme Court concludes there is no need to prove psychiatric illness to establish mental injury: Saadati v. Moorhead

By Sam Rogers Is a Plaintiff required to prove that they suffer from a recognized psychiatric illness in order to recover for mental injury? The Supreme Court has definitively said the answer is “no” in their recent decision in…

Rank this Week: 3717

Due Process Advocacy

Advocacy for criminal due process and changing the ruling in Arizona v Youngblood.

http://www.due-process.org

Jul 8
Detective Chambers = Blown case (video)

Detective Chambers = Blown case (video)

Erekose calls out Detective Rick Chambers for the incredibly shortsighted and suspect based investigation which he carried out. The list of Chambers’ misconduct and errors and is long. Essentially, Chambers blew the case in the first…
Jul 6
Calling out Sheila Ross video part two

Calling out Sheila Ross video part two

Erekose continues his convincing analysis in part two of this video and does why even her words show Scott Davis deserves a new trial because he is innocent… https://youtu.be/5syQ86yImNUVideo can’t be loaded: Georgia’s…
Jul 6
Calling out Sheila Ross video Part one

Calling out Sheila Ross video Part one

Erekose does a great job in this video of showing how prosecutor Sheila Ross knows Megan Bruton has guilty knowledge… https://youtu.be/zwEWK4JYHysVideo can’t be loaded: Georgia’s Making A Murderer: Scott Davis…

Rank this Week: 1674

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: 2248

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/

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…
Sep 18
Foreclosure Appeals -- Part 2 -- Unique Issue

Foreclosure Appeals -- Part 2 -- Unique Issue

Continuing from my last post, this post (also excerpted/adapted from my CLE presentation o the Florida Bar Appellate Practice Section) outlines some unique legal issues that arise in foreclosure appeals. Attorney’s…
Sep 18
Foreclosure Appeals — Part 2 — Unique Issue

Foreclosure Appeals — Part 2 — Unique Issue

Continuing from my last post, this post (also excerpted/adapted from my CLE presentation o the Florida Bar Appellate Practice Section) outlines some unique legal issues that arise in foreclosure appeals. Attorney’s Fees…

Rank this Week: 2706

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: 1751

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com

Aug 22
"U.S. appeals court rules for TSA screener who had run-in with flier"

"U.S. appeals court rules for TSA screener who had run-in with flier"

"U.S. appeals court rules for TSA screener who had run-in with flier": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Aug 22
"Court ruling could broaden U.S. government environmental impact studies"

"Court ruling could broaden U.S. government environmental impact studies"

"Court ruling could broaden U.S. government environmental impact studies": Emily Flitter of Reuters has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.
Aug 22
"Court: Day laborers have 1st Amendment right to solicit jobs."

"Court: Day laborers have 1st Amendment right to solicit jobs."

"Court: Day laborers have 1st Amendment right to solicit jobs." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

Rank this Week: 11

I Object!

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

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

Jul 31
The Ins and Outs of Appellate Statements of Jurisdiction: How to Avoid Common Mistake

The Ins and Outs of Appellate Statements of Jurisdiction: How to Avoid Common Mistake

Though Statements of Jurisdiction may seem like a simple part of an appellate brief, parties often make mistakes in drafting jurisdictional statements. In fact, the U.S. Court of Appeals for the Seventh Circuit recently wrote: “There is…
Jul 7
You Gotta Serve Somebody, But You Gotta Do So Correctly: Preserving Sanctions Motion

You Gotta Serve Somebody, But You Gotta Do So Correctly: Preserving Sanctions Motion

Emails can create many problems for litigants and their lawyers, but a recent appellate decision in Florida demonstrates yet another peril: proper service, and thus preservation, of demands for sanctions. In Isla Blue Dev., LLC v. Moore, ___…
May 25
Right for the Wrong Reason - Reversal Requires More Than Just an Error

Right for the Wrong Reason - Reversal Requires More Than Just an Error

Challenging an adverse judgment on appeal is an uphill battle from the start. A major part of winning an appeal requires demonstrating that an error occurred and confirming that the error was properly raised in the trial court. But more may…

Rank this Week: 1989

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: 1363

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

Aug 17
Blog Cases Awaiting Decision

Blog Cases Awaiting Decision

As summer begins to wind down, these are the submitted cases on which the blog awaits merit decisions: State of Ohio v. Raymond Morgan, 2015-0924, argued February 8, 2017. At issue is whether a juvenile court committed reversible error…
Jul 24
Merit Decision: Questioning Suspect in Front Seat of Police Cruiser Following Traffic Stop Does Not Automatically Require Miranda Warnings. Cleveland v. Oles.

Merit Decision: Questioning Suspect in Front Seat of Police Cruiser Following Traffic Stop Does Not Automatically Require Miranda Warnings. Cleveland v. Oles.

“The trooper’s questioning of Oles in the front seat of the patrol car did not rise to the level of a custodial interrogation requiring Miranda warnings.” Chief Justice O’Connor, from majority opinion “Every…
Jul 20
Merit Decision: Court Nixes Adoption; Finds Putative Father Did Not Willfully Abandon Birth Mother. In Re Adoption of P.L.H.

Merit Decision: Court Nixes Adoption; Finds Putative Father Did Not Willfully Abandon Birth Mother. In Re Adoption of P.L.H.

“This appeal charges us with the unenviable task of reaching a result that either overrides the adoption plan of a diligent birth mother and separates P.L.H. from the only home he has ever known or that terminates permanently…

Rank this Week: 2582

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

May 23
A SLAPP is a SLAPP unless it is not a SLAPP: The SJC Changes The Duracraft Two-Pronged Anti-SLAPP Analysi

A SLAPP is a SLAPP unless it is not a SLAPP: The SJC Changes The Duracraft Two-Pronged Anti-SLAPP Analysi

The Massachusetts Supreme Judicial Court issued two anti-SLAPP decisions today and significantly changed ("augmented") the two-pronged anti-SLAPP analysis it adopted in 1998 in Duracraft Corp. v. Holmes Prods. Corp. Before today, it was…
Apr 5
"Trust, But Verify": The SJC addresses shareholder inspection rights.

"Trust, But Verify": The SJC addresses shareholder inspection rights.

The Supreme Judicial Court clarified the burden a shareholder must meet to obtain corporate records under chapter 156D, section 16.02(b) last week in Chitwood v. Vertex Pharmaceuticals, Inc. Using a Russian proverb, an…
Mar 7
Yes, Virginia, Petitioning Activity Can Be Frivolou

Yes, Virginia, Petitioning Activity Can Be Frivolou

The Appeals Court issued today issued The Gillette Company v. Provost, another anti-SLAPP decision. The case does not tread new anti-SLAPP ground, but it is remarkable for its clarity on a few issues, and is one of a small number…

Rank this Week: 759

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/

Aug 2
Dissent Presents Effective Argument for Allowing Change of Residence

Dissent Presents Effective Argument for Allowing Change of Residence

The Michigan Court of Appeals, in Hund v Hund, No.334313, a divided opinion, affirmed a lower court order that denied defendant-mother’s request to change the legal residence of the child, OMH, to Canada while granting…
Jul 28
Timing is Everything in Child Custody

Timing is Everything in Child Custody

The Michigan Court of Appeals (MCOA) vacated and remanded the trial court’s order in Fante v Nova, Nos. 334735, 336085 saying of the changes made in this custody dispute that were not a short removal, even though classified as…
Jul 24
Juvenile Code Doesn’t Allow a Pre-determined Flat Rate Probation Fee

Juvenile Code Doesn’t Allow a Pre-determined Flat Rate Probation Fee

Michigan Court of Appeals, in People v Killich, No. 329941, held that the Juvenile Code doesn’t allow for the imposition of a flat rate probation supervision fee, and vacated the trial court order imposing the fee and remanded for a…

Rank this Week: 2552

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: 873

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro

Jul 21
Vimeo Test Video

Vimeo Test Video
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 […]

Rank this Week: 4068

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: 2769

Pennsylvania Legal Blog

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

http://www.palegalblog.com

Aug 4
The Protz Impact

The Protz Impact

Ever since the Pennsylvania Supreme Court declared in Protz v. WCAB that the Impairment Rating Evaluation provisions of the Pennsylvania Workers’ Compensation Act are unconstitutional, my office has been deluged with calls asking…
Jul 31
Where there’s a Will there’s a way…

Where there’s a Will there’s a way…

Here’s a topic no one wants to talk about – death. We don’t want to think about it, the realities of it, the when or how, but it is a reality that every single one of us is faced with. While there’s not much we can do…
Jul 26
Available Soon – Fee Agreements in Pennsylvania (6th Edition) – Edited by Attorney Daniel J. Siegel

Available Soon – Fee Agreements in Pennsylvania (6th Edition) – Edited by Attorney Daniel J. Siegel

Almost hot off the presses. I just received a copy of the cover of my newest book, Fee Agreements in Pennsylvania. I edited the book (now in its 6th edition) and authored one chapter. The book will be available for purchase in the next few…

Rank this Week: 1720

Record on Appeal

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

http://www.recordonappeal.com/

Jun 28
Hawaii State Bar Association's 2017 Board of Director

Hawaii State Bar Association's 2017 Board of Director

This blogger is proud to be part of the Hawaii State Bar Association's Board of Directors with many other great attorneys who have a strong foundation in community service:
Jun 19
HAWSCT Vacates Damon Estate Trust Accounting: Trustee Statutory Duty to Provide Documents to Beneficiaries Does Not End at the Courthouse Door

HAWSCT Vacates Damon Estate Trust Accounting: Trustee Statutory Duty to Provide Documents to Beneficiaries Does Not End at the Courthouse Door

On June 15, 2017, the HAWSCT issued a decision in Trust Created Under the Will of Samuel M. Damon, Deceased, SCWC-12-0000731, a case we designated as a writ to watch here, vacating the probate court’s approval of a trust accounting because…
Jun 12
HAWSCT Vacates Decision in Favor of the State of Hawaii in Big Island Rockfall Case

HAWSCT Vacates Decision in Favor of the State of Hawaii in Big Island Rockfall Case

On June 7, 2017, the HAWSCT issued a decision in O’Grady v. State of Hawaii, SCAP-14-0001363, a case we designated as a writ to watch here, holding that the circuit court erred in its application of legal causation (i.e. proximate cause),…

Rank this Week: 3101

SCOTUSblog

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

http://www.scotusblog.com/

Aug 22
Petition of the day

Petition of the day

The petition of the day is: Lindsey v. Virginia 17-132 Issue: Whether the jury instruction—that the defendant’s actions were “evidence of [the requisite intent] . . . unless there is believable evidence to the…
Aug 22
Tuesday round-up

Tuesday round-up

Briefly: At the George Washington Law Review’s On the Docket blog, Frank LoMonte looks at Matal v. Tam, in which the Supreme Court held that the disparagement clause of the Lanham Act violates the First Amendment’s free speech…
Aug 21
Petition of the day

Petition of the day

The petition of the day is: Kolbe v. Hogan 17-127 Issues: (1) Whether District of Columbia v. Heller excludes the most popular semiautomatic rifles and magazines from Second Amendment protection; and (2) whether they may…

Rank this Week: 10

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/

Jul 6
SC Workers’ Comp Panel Can Rehear its Decision

SC Workers’ Comp Panel Can Rehear its Decision

Parties may petition the Appellate Panel of the South Carolina Workers’ Compensation Commission to rehear its decisions. The case is Rhame v. Charleston County School Dist., Op. No. 27516 (S.C. Sup.Ct. April 22, 2015). In Rhame, the…
Jun 29
When is a South Carolina Appeal Filed?

When is a South Carolina Appeal Filed?

When is a South Carolina appeal filed? Is it when the notice of appeal is sent, received, or something in between? For appeals to the South Carolina Court of Appeals and Supreme Court, the notice of appeal is filed when it is dropped in…
Mar 30
Get Ground for Appeal in the Record

Get Ground for Appeal in the Record

The South Carolina Court of Appeals recently agreed with me that a record on appeal was insufficient for the Court to tell whether an issue argued on appeal was preserved. The case is 21st Mortgage Corp. v. Youmans, Op. No. 2015-UP-112…

Rank this Week: 3281

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: 1095

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: 4791

Southern California Appellate News

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

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

Aug 22
Justice Duarte appointed to CCUSL

Justice Duarte appointed to CCUSL

The Governor announced today that Elena Duarte, 51, of El Dorado Hills, has been reappointed to the California Commission on Uniform State Laws, where she has served since 2011. Duarte has served as an associate justice at the California…
Aug 22
Foundation for Democracy & Justice SoCal reception 9/25

Foundation for Democracy & Justice SoCal reception 9/25

The Foundation for Democracy and Justice cordially requests that you save the date for its SoCal Reception:Our Third Annual Reception will take place in Los Angeles, marking our first reception in Southern California on September 25th,…
Aug 21
Reminder re ABA Appellate Conference in November

Reminder re ABA Appellate Conference in November

If you're not already signed up for the ABA's big appellate conference coming to SoCal later this year, here's another reminder: Major National Appellate Summit to be held in Long Beach this November

Rank this Week: 269

TCB's Legal Blog

Criminal defense news. By Thomas C. Brandstrader.

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

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…
Jun 19
2017 Martindale Hubbell Judicial Edition

2017 Martindale Hubbell Judicial Edition

Highest possible rating in both legal ability and ethical standards reflecting the opinions of members of the Bar and Judiciary.
Jan 15
Martindale-Hubbell Review rating – Judicial edition

Martindale-Hubbell Review rating – Judicial edition

Originally posted on CHICAGO CRIMINAL DEFENSE: The American Legislative Exchange Council (ALEC) is a nonprofit organization of conservative state legislators and private sector representatives that drafts and shares model state-level…

Rank this Week: 2474

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/

Aug 22
Lawyers in the Living Room: Texas Lawyers Facebook Group

Lawyers in the Living Room: Texas Lawyers Facebook Group

“I feel like I’m visiting your home every time I read a post,” I told Andrew Tolchin, the founder of the Texas Lawyers (TL) Facebook Group. “Visiting my home is precisely what it is supposed to feel like—like you…
Aug 17
Texas Supreme Court Jurisdiction, Part II: The Times They Are a-Changin’ (Or Are They?)

Texas Supreme Court Jurisdiction, Part II: The Times They Are a-Changin’ (Or Are They?)

My previous blog post briefly outlined the Texas Supreme Court’s jurisdiction and the soon-to-be-effective legislative changes. As the title of these posts suggests, the next step is to examine the potential effects, if any, that these…
Aug 15
Properly Pleading Attorneys’ Fees in Suits Against Partnerships and LLCs to Avoid Zombie Litigation

Properly Pleading Attorneys’ Fees in Suits Against Partnerships and LLCs to Avoid Zombie Litigation

“Zombie litigation” broadly refers to cases that generate unending piecemeal litigation. Attorneys’ fees disputes often spawn zombie litigation—after the merits of the case have been decided but the lawyers continue to…

Rank this Week: 1457

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 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…
May 19
Wrongful foreclosure claim in Texa

Wrongful foreclosure claim in Texa

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) an inadequate selling price; and (3) a causal connection between the defect and…

Rank this Week: 171

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/

Jul 27
Appellate attorney notes complaint limits backed by Third District Court of Appeal

Appellate attorney notes complaint limits backed by Third District Court of Appeal

"Attorney Dorothy Easley said a recent Third District Court of Appeals decision recognized that courts cannot go outside the allegations of a complaint. 'The first is that courts cannot go outside the allegations in a complaint. Here…
May 13
Florida Appellate Practice Book, 10th Edition soon to publish!

Florida Appellate Practice Book, 10th Edition soon to publish!

The new Florida Appellate Practice Book, 10th Edition is the "go to" source that addresses practical issues about appellate practice in Florida. This manual includes guidance on filing a notice of appeal, determining which orders are…
May 1
Trademark Appeals Expert Dorothy Easley Speaks at the 2017 International Legal Symposium on the World of Music, Film, Television, and Sport

Trademark Appeals Expert Dorothy Easley Speaks at the 2017 International Legal Symposium on the World of Music, Film, Television, and Sport

"Trademark appeals expert Dorothy F. Easley, MS, JD, BCS Appeals, spoke in Miami on March 31, 2017, at the International Legal Symposium on the World of Music, Film, Television and Sports of the American Bar Association. Ms. Easley…

Rank this Week: 232

The Appellate Strategist

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

http://www.appellatestrategist.com

Jul 14
Coming Next Week: My 1,000th Blog Post

Coming Next Week: My 1,000th Blog Post

Last week, I was looking at our archives, pulling up old research, and I stumbled onto this two-year old post – my 500th on Appellate Strategist. Now that our other two blogs, Illinois Supreme Court Review and California Supreme Court…
Jun 26
Are You Affiliated? The Supreme Court Further Limits Forum Shopping in the Mass Tort Context

Are You Affiliated? The Supreme Court Further Limits Forum Shopping in the Mass Tort Context

Pardon the Jimi Hendrix allusion, but it seemed appropriate given yesterday’s Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466 (June 19, 2017), in which the California Supreme Court’s…
Mar 29
Florida High Court Clarifies When an Insured Is Entitled to Attorneys’ Fees When an Insurer Initially Denies a Sinkhole Claim

Florida High Court Clarifies When an Insured Is Entitled to Attorneys’ Fees When an Insurer Initially Denies a Sinkhole Claim

In Johnson v. Omega Insurance Co., 200 So. 3d 1207 (Fla. 2016), the Florida Supreme Court held that an insured was entitled to an award of attorneys’ fees under section 627.428, Florida Statutes and the confession of judgment doctrine…

Rank this Week: 3690

The California Blog of Appeal

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

http://www.calblogofappeal.com

Aug 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.…
Aug 21
How flexible is that midnight electronic filing deadline in federal court?

How flexible is that midnight electronic filing deadline in federal court?

When I was a young lawyer, my mentor told me, “Practice law as if the rules will always be strictly enforced against you but will never be strictly enforced against the adverse party.” Wise words. Last week I posted about a…
Aug 15
Should a respondent always move to strike a defective appellant’s opening brief?

Should a respondent always move to strike a defective appellant’s opening brief?

A brief must “[s]tate each point under a separate heading or subheading summarizing the point, and support each point by argument and, if possible, by citation of authority.” (Cal. Rules of Court, rule 8.204(a)(1)(B).) A party may…

Rank this Week: 892

The Federal Criminal Appeals Blog

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

http://www.federalcriminalappealsblog.com/

Aug 21
Lack of probable cause and overbroad search warrant; “Good-Faith Exception” and theory of abandonment rejected–Police lacked probable cause to seek and obtain overbroad warrant to search cell phone located in home: United States v. Ezra Griffith, _ F.3d _ (D.C. Circuit, No. 13-3061, Aug. 18, 2017).

Lack of probable cause and overbroad search warrant; “Good-Faith Exception” and theory of abandonment rejected–Police lacked probable cause to seek and obtain overbroad warrant to search cell phone located in home: United States v. Ezra Griffith, _ F.3d _ (D.C. Circuit, No. 13-3061, Aug. 18, 2017).

Almost everybody owns a cell phone nowadays. But does that give the police license to obtain a warrant to search for and rummage through your home because they think you might own one and it might contain relevant evidence? In United States…
Aug 10
Mandamus– petitioner satisfies stringent showing to justify removal of trial judge: United States v. Khalid Shaikh Mohammed, _ F.3d _ (D.C. Circuit, No. 17-1156, Aug. 9, 2017).

Mandamus– petitioner satisfies stringent showing to justify removal of trial judge: United States v. Khalid Shaikh Mohammed, _ F.3d _ (D.C. Circuit, No. 17-1156, Aug. 9, 2017).

It’s far from easy to secure a writ of mandamus, especially when it’s a trial judge whose comments are at stake. But in United States v. Mohammed, the D.C. Circuit reversed an order of the United States Court of Military…
Aug 10
Ineffective Assistance– trial counsel’s crafting of idiosyncratic defense and failure to secure assistance of expert witness leads to overturning of decision rejecting claim of ineffective assistance in defense of child sex conviction: United States v. Brandon Laureys, _ F.3d _ (D.C. Circuit, No. 15-3032, August 8, 2017).

Ineffective Assistance– trial counsel’s crafting of idiosyncratic defense and failure to secure assistance of expert witness leads to overturning of decision rejecting claim of ineffective assistance in defense of child sex conviction: United States v. Brandon Laureys, _ F.3d _ (D.C. Circuit, No. 15-3032, August 8, 2017).

Brandon Laureys was convicted by a jury of attempted coercion and enticement of a minor and travel with intent to engage in illicit sexual conduct. The offense arose from an online encounter with an undercover detective with whom Laureys…

Rank this Week: 2968

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/

Aug 18
Week of August 14-18, 2017

Week of August 14-18, 2017
Aug 11
Week of August 7-11, 2017

Week of August 7-11, 2017
Aug 4
Week of July 31 - August 4, 2017

Week of July 31 - August 4, 2017

Rank this Week: 1994

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: 2702

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