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How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com

Oct 17
Programming note

Programming note

Programming note: Later this afternoon, I will be attending a Major League Baseball playoff game in the Bronx with a family member who is now attending law school in New York City. As a result, additional posts are unlikely to appear here…
Oct 17
"Trump's judge picks: 'Not qualified,' prolific bloggers; But Republican senators still get on board."

"Trump's judge picks: 'Not qualified,' prolific bloggers; But Republican senators still get on board."

"Trump's judge picks: 'Not qualified,' prolific bloggers; But Republican senators still get on board." Seung Min Kim of Politico.com has this report.
Oct 17
"Justice Elena Kagan talks about life on the Supreme Court during Chicago appearance"

"Justice Elena Kagan talks about life on the Supreme Court during Chicago appearance"

"Justice Elena Kagan talks about life on the Supreme Court during Chicago appearance": Steve Schmadeke of The Chicago Tribune has this report.

Rank this Week: 15

SCOTUSblog

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

http://www.scotusblog.com/

Oct 17
Petition of the day

Petition of the day

The petition of the day is: Dawson v. Steager 17-419 Issue: Whether the Supreme Court’s precedent and the doctrine of intergovernmental tax immunity bar states from exempting groups of state retirees from state income tax…
Oct 17
Kagan on Marshall: “Greatest lawyer of the 20th century”

Kagan on Marshall: “Greatest lawyer of the 20th century”

Justice Elena Kagan momentarily hedged her bets yesterday afternoon in front of an audience of law students at Chicago-Kent College of Law. But after struggling to find proper qualifiers, she didn’t hold back: “I don’t see…
Oct 17
Tuesday round-up

Tuesday round-up

Yesterday the Supreme Court added four cases to its merits docket for the current term. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. The most high-profile grant was in United States v. Microsoft Corp.,…

Rank this Week: 22

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/

Oct 17
People v. Lewelling (Cal. Ct. App. - Oct. 17, 2017)

People v. Lewelling (Cal. Ct. App. - Oct. 17, 2017)

One great thing about Court of Appeal opinions is that they sometimes give you a real-world glimpse into portions of society that you'd otherwise know little about. Today's opinion, for example, takes the reader into the emergency room…
Oct 16
Morales v. Fry (9th Cir. - Oct. 16, 2017)

Morales v. Fry (9th Cir. - Oct. 16, 2017)

Sometimes procedure can be a sly way to cut back on substance. Here's a good example.The Ninth Circuit holds -- as have most (but not all) circuits -- that it's error to submit a "qualified immunity" issue to the jury. Instead,…
Oct 13
Stewart v. Superior Court (Cal. Ct. App. - Oct. 12, 2017)

Stewart v. Superior Court (Cal. Ct. App. - Oct. 12, 2017)

Don't get old.

Rank this Week: 150

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: 201

Southern California Appellate News

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

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

Oct 17
RIP Justice Racanelli

RIP Justice Racanelli

John Racanelli, former California appeals court justice, dies at 91.He served in 1/1 from 1977 to 1991.A detailed biography is here, and a video interview here.
Oct 16
9th Cir. Judge McKeown earns Leadership Award

9th Cir. Judge McKeown earns Leadership Award

Margaret McKeown (1980-81) Receives 2017 Legacy of Leadership AwardThe White House Fellows Foundation and Association (WHFFA) is extremely pleased to announce that we will be presenting the 2017 Legacy of Leadership Award to Judge M.…
Oct 11
Ninth Circuit Historical Society Present

Ninth Circuit Historical Society Present

Ninth Circuit Historical Society Presents:Thought-provoking programming with expert panels; moving educational Exhibits; poignant oral histories; meaty articles covering a range of topics from gender issues, to water rights, to courthouse…

Rank this Week: 557

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/

Oct 14
Ninth Circuit refuses habeas relief from death sentence affirmed by Supreme Court

Ninth Circuit refuses habeas relief from death sentence affirmed by Supreme Court

Twenty-two years ago, the Supreme Court unanimously affirmed Ricardo Sanders’ death sentence. (People v. Sanders (1995) 11 Cal.4th 475.) A few months later, the court summarily denied his state habeas corpus petition. …
Oct 13
Summary of October 11, 2017 conference report for civil case

Summary of October 11, 2017 conference report for civil case

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on October 11, 2017. The summary includes those civil cases in which (1) review has been granted, (2)…
Oct 13
Governor signs Liu-inspired juvenile Miranda bill

Governor signs Liu-inspired juvenile Miranda bill

Governor Jerry Brown on Wednesday signed Senate Bill 395, which will generally require that minors under 16 consult with an attorney before a custodial interrogation. The legislation was inspired, at least in part, by Justice Goodwin…

Rank this Week: 794

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

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.…
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…

Rank this Week: 868

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: 911

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: 984

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: 1005

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: 1061

Canadian Appeals Monitor

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

http://www.canadianappeals.com

Sep 21
BCCA Rules Civil Jury Fees Are Constitutional

BCCA Rules Civil Jury Fees Are Constitutional

By Byron Shaw On September 15, 2017, the B.C. Court of Appeal rejected a challenge by the Trial Lawyers Association of British Columbia (“TLA”) to the constitutionality of legislation requiring civil litigants opting for a…
Sep 20
The duty to disclose Mary Carter agreements immediately: new guidance from the BC Court of Appeal

The duty to disclose Mary Carter agreements immediately: new guidance from the BC Court of Appeal

By Connor Bildfell Mary Carter agreements are settlement agreements between a plaintiff and defendant in multiparty litigation wherein the defendant ostensibly remains an active party to the litigation while the plaintiff’s claim in…
Sep 5
Does the Duty to Inform Apply Solely to the Contracting Parties?

Does the Duty to Inform Apply Solely to the Contracting Parties?

By Gabrielle Baracat and Paul Blanchard In Camions Daimler Canada ltée v. Camions Sterling de Lévis inc., 2017 QCCA 798, the Quebec Court of Appeal confirmed that the duty to inform that exists between contracting parties, which…

Rank this Week: 1177

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: 1188

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/

Oct 17
Join the HSBA Appellate Section at the Bar Convention, Tomorrow October 18, 2017

Join the HSBA Appellate Section at the Bar Convention, Tomorrow October 18, 2017

The Hawaii State Bar Association will hold its annual Bar Convention tomorrow, Wednesday, October 18, 2017, at the Hawaii Convention Center. The HSBA Appellate Section will once again host a morning session. If you are not already registered,…
Oct 16
Appellate Court Must Ensure Final Appealable Judgments Are Entered And Remand Cases For Entry Of A Final Appealable Judgment Rather Than Dismiss Appeal

Appellate Court Must Ensure Final Appealable Judgments Are Entered And Remand Cases For Entry Of A Final Appealable Judgment Rather Than Dismiss Appeal

The rule in Hawaii is well established that, unless an exception applies, appeals may only be take from final judgments or appealable orders. That rule has been come to be known as the Jenkins rule, named for the case Jenkins v. Cades Schutte…
Oct 4
Ninth Circuit Court of Appeals Q&A to be Held in Honolulu

Ninth Circuit Court of Appeals Q&A to be Held in Honolulu

As we've reported in the past, the Ninth Circuit Court of Appeals visits Honolulu three times per year to hold oral arguments. A three-judge panel of the court will once again be in town next Wednesday, October 11, 2017. While in town, the…

Rank this Week: 1359

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/

Sep 29
How Appellate Work Saved Me from Diabetes and Diabetes Made Me a Better Appellate Lawyer

How Appellate Work Saved Me from Diabetes and Diabetes Made Me a Better Appellate Lawyer

I was diagnosed with type 1 diabetes 44 years ago, on September 24, 1973, and have practiced appellate law full-time since 1989. Appellate law has played a major part in helping me live a longer and healthy life. In 1973, the life expectancy…
Sep 8
Advocate v. Advisor: Estimating Likelihood of Succe

Advocate v. Advisor: Estimating Likelihood of Succe

“We’re going to win,” a board-member announced, pointing at the application for a temporary restraining order, and looking around the room. Turning her gaze to me, she reiterated, “it says, ‘Plaintiff Will Likely…
Sep 5
Talking Legal Tech on New Solo

Talking Legal Tech on New Solo

Anyone familiar with me as a lawyer knows I have a penchant for legal technology. It’s a regular topic of discussion around here, particularly as it relates to modern-day appellate practice. I’m always looking for ways to…

Rank this Week: 1364

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: 1466

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: 1774

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: 1829

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: 1952

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: 2099

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: 2210

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: 2273

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: 2436

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: 2771

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: 2825

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: 3098

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: 3180

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: 3223

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: 3229

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

Oct 17
What Happened on Remand: End of the Road for the Cromer Family in Akron Medical Malpractice Case. Cromer v. Children’s Hosp. Med. Ctr. of Akron.

What Happened on Remand: End of the Road for the Cromer Family in Akron Medical Malpractice Case. Cromer v. Children’s Hosp. Med. Ctr. of Akron.

Case Background Seth Cromer died at the age of five while a patient at the Children’s Hospital Medical Center of Akron. Seth’s parents brought him to the emergency room of the hospital on the evening of January 13, 2007 with…
Oct 16
Merit Decision: Exclusion of Evidence not the Proper Remedy for Admitted Violation of Knock-and-Announce Statute. State v. Bembry.

Merit Decision: Exclusion of Evidence not the Proper Remedy for Admitted Violation of Knock-and-Announce Statute. State v. Bembry.

On October 10, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Bembry, Slip Opinion No. 2017-Ohio-8114. In an opinion written by Justice O’Neill, the court held that the exclusion of evidence was not ……
Oct 11
Oral Argument Preview: Court Tackles Substantial Factor Causation in Asbestos Exposure Case. Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al.

Oral Argument Preview: Court Tackles Substantial Factor Causation in Asbestos Exposure Case. Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al.

On October 17, 2017, the Supreme Court of Ohio will hear oral argument in the case Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al. 2016-1372. At issue…

Rank this Week: 3320

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/

Oct 16
The Perils of Statutory Interpretation

The Perils of Statutory Interpretation

As someone who has taught legislation and appellate advocacy and worked for both a state legislature and the U.S. Senate, I love a good statutory interpretation case. Seeing how the advocates and judges approach the statutory text and the…
Oct 14
Editing Alchemy

Editing Alchemy

Have you heard the secret to being a brilliant writer—appellate or otherwise? Because there is one. An ancient trick used by all the greats, from Justice Kagan to Stephen King. Use this device, and your writing will improve tenfold…
Oct 13
Appellate Advocacy Blog Weekly Roundup October 13, 2017

Appellate Advocacy Blog Weekly Roundup October 13, 2017

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...

Rank this Week: 3495

Michigan Appeals

Explores and discusses issues affecting appellate practice, including recent cases, primarily from the Michigan Supreme Court, Michigan Court of Appeals, and the Sixth Circuit Court of Appeals. By the Speaker Law Firm.

http://www.michiganappeals.blogspot.com/

Oct 17
Attorney Found to be Ineffective for Not Calling Witness of Child Suggestibility

Attorney Found to be Ineffective for Not Calling Witness of Child Suggestibility

Ineffective assistance of counsel is an incredibly difficult burden for a criminal defendant to prove – “to establish a claim of ineffective assistance of counsel, the…
Oct 11
Exclusive Remedy as in Monroe? MSC Says, "NO! NO! NO!"

Exclusive Remedy as in Monroe? MSC Says, "NO! NO! NO!"

In Michigan Dep't of Agriculture v Appletree Marketing, Inc, the Michigan Supreme Court held that the Agricultural Commodities Marketing Act (ACMA) does not provide the exclusive remedy for its violation and does not supersede preexisting…
Oct 2
2 Trial Judges + Same Facts = Opposite Orders - Which Controls?

2 Trial Judges + Same Facts = Opposite Orders - Which Controls?

MCR 2.613(B) sets out the limitations on error-correction by one judge of the orders ofanother judge and provides the following:A judgment or order may be set aside or vacated, and a proceeding under a judgment or order may be stayed, only by…

Rank this Week: 3627

Pennsylvania Legal Blog

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

http://www.palegalblog.com

Sep 20
Federal Court Rules That Workers’ Compensation Settlements Apply Only to Workers’ Compensation Matter

Federal Court Rules That Workers’ Compensation Settlements Apply Only to Workers’ Compensation Matter

On September 11, 2017, in Zuber v. Boscov’s, the 3rd Circuit Court of Appeals ruled that an injured employee does not waive claims to FMLA and other benefits by settling his Pennsylvania workers’ compensation claim and signing a…
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…

Rank this Week: 3753

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: 3851

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

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.
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…

Rank this Week: 4051

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: 4069

I Object!

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

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

Sep 20
When in Doubt, Assume the Earliest Possible Deadline

When in Doubt, Assume the Earliest Possible Deadline

One of the most important factors in preserving your appellate rights is knowing when the clock starts running on your deadline to appeal. While the answer may appear simple as a matter of course, that is not always the case. In Love v.…
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, ___…

Rank this Week: 4304

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/

Oct 13
Week of October 9 - 13, 2017

Week of October 9 - 13, 2017
Oct 6
Week of October 2 - 6, 2017

Week of October 2 - 6, 2017
Sep 29
Week of Septameber 25 - 29, 2017

Week of Septameber 25 - 29, 2017

Rank this Week: 4450

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