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Prepping for the Panel (Or Not)

When you have an appeal in a new jurisdiction, add to your checklist a note to look at the court’s procedures for announcing oral argument panels. Courts vary in their approaches to announcing panel composition in advance of...more

A Cautionary Note on Honking Your Own Horn

On April 7, 2023, the Ninth Circuit Court of Appeals issued its decision in Porter v. Martinez, which addresses California’s law that prohibits honking a car horn except to warn of a safety hazard. Here, Susan Porter drove...more

If at First You Don’t Succeed, Maybe Appeal Rather Than Try, Try Again

On August 4, 2022, the Seventh Circuit Court of Appeals issued a short opinion that is chock-full of helpful reminders about the relationships between post-judgment and appellate practices. In Word Seed Church v. Village of...more

To Waive or to Forfeit, That Is the Question (On Appeal)

Seldom in the law is there a last word on any topic, but the Eleventh Circuit’s latest word in United States v. Campbell on appellate forfeiture and waiver principles by the en banc court is comprehensive and important....more

5/2/2022  /  Appeals , Evidence , Fourth Amendment

Fifth Circuit Clarifies the Domain of Cross-Appeal Jurisprudence

On January 13, 2022, the Fifth Circuit Court of Appeals issued an opinion in an interesting case involving internet domain names. In resolving the case, the panel took the opportunity to clarify when a cross-appeal is needed...more

Florida Supreme Court Authorizes Interlocutory Appeals From Orders Allowing or Disallowing Punitive Damages Claims

On January 6, 2022, the Florida Supreme Court adopted a new rule that authorizes appeals from interlocutory orders that allow or disallow an amendment to add a claim for punitive damages. Prior to this amendment, there...more

Eighth Circuit Delivers an Inconvenient Truth: Defendants’ Forum Non Conveniens Was Untimely, Despite Absence of Express Deadline

On April 28, 2021, the Eighth Circuit Court of Appeals issued an opinion finding that the defendants’ motion to dismiss based on the doctrine of forum non conveniens was untimely filed. In doing so, the Eighth Circuit...more

Welcome to the Party, Pal: Supreme Court Invokes Party Presentation Principle

On May 7, 2020, the U.S. Supreme Court unanimously vacated an opinion of the Ninth Circuit Court of Appeals based on the so-called principle of party presentation. ...more

A Dart Across the Bow

The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more

Don't Estop Believin' - Courts May Save Your Judicial Estoppel Argument

The equitable doctrine of judicial estoppel prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding. Generally, the doctrine is raised by a...more

The Bitter And The Sweet

On October 3, the Eleventh Circuit Court of Appeals affirmed the district court’s approval of a class settlement, an award of attorney’s fees to class counsel, and the provision of an incentive award for the class...more

All Hope Is Not Lost: Raising A New Argument On Appeal

Your client has brought you an appeal, and you quickly spot what looks like a winning argument. Unfortunately, it was never raised or argued below. Being a savvy appellate lawyer, you understand you cannot raise it for the...more

Are Administrative Fees and Costs a Benefit to the Class as a Whole? A Circuit Split Continues

In 2017, the Eighth Circuit reversed the certification of a settlement class in the Target 2013 security breach litigation. See In re Target Corp. Customer Data Sec. Breach Litig., 847 F.3d 608, 613 (8th Cir. 2017). ...more

United States Supreme Court Denies Certiorari in Case Involving Use of General Verdict

Monday, the United States Supreme Court denied certiorari in Khan v. Chowdhury, Case No. 13-1479. Notwithstanding the denial, this case is notable, as it highlights a recurring issue in preserving error for appeal: proposing...more

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