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Fox Rothschild LLP

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to...

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It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the Court of Appeals did in Harney v. Harney. ...more

DRI

[Event] Appellate Advocacy Seminar - November 6th - 8th, Las Vegas, NV

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Join us in fabulous Las Vegas for a program that will benefit all attorneys involved in appeals. Sessions will include discussions on building an appellate practice, practical advice for presenting a persuasive appellate...more

Carlton Fields

Don’t Abandon All Hope on Appeal

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It is crucial for an appellant drafting an initial brief to adequately identify and describe all claims and issues the appellant intends to raise for appellate review. Apart from the obvious advantage of providing as much...more

Carlton Fields

Properly Joining in an Appellate Brief Filed in a Separate Appeal

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We previously posted on Federal Rule of Appellate Procedure 28(i), which is the rule governing the adoption of part or all of another’s brief. We initially looked at decisions addressing the burden on a party to...more

Butler Snow LLP

Helping the Court Decide Your Case | Justice April Farris | Texas Appellate Law Podcast

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Transitioning from private practice to the bench is an adjustment even in the best of times. But First Court of Appeals Justice April Farris made the switch in the middle of a pandemic when court operations and proceedings...more

Fox Rothschild LLP

More On Published Opinions After Submission On Briefs

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Last week I blogged about the Fourth Circuit’s recent published opinions that, due to the pandemic-prompted suspension of Local Rule 36(a), did not have the usual oral argument. The research for that post revealed that...more

Morrison & Foerster LLP - Federal Circuitry

August Oral Argument Recap

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We are two weeks out from arguments in the Federal Circuit’s August sitting, so it is time for our monthly oral argument recap. As it has done for the past several years, the Court heard arguments on only three days in...more

Carlton Fields

Openings in Appellate Oral Arguments

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You are on your feet at the podium and you have told the appellate panel who you are and whom you represent. What is the first substantive thing you should now tell the court (always assuming you get that opportunity before...more

K&L Gates LLP

Distressed Solutions: Preparing For and Dealing With Appeals

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Appeals happen. Maybe you won in the trial court and the other side wants to challenge, or maybe you lost (but that must have been a mistake, right?). Either way, you need to preserve your arguments and prepare for an appeal...more

Carlton Fields

Three Ways To Annoy An Appellate Court Clerk – And Jeopardize Your Appeal

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Appellate advocates should write briefs that make life easier for law clerks and judges. That will increase their chances of prevailing on appeal. With that in mind, we recently conducted an informal survey of our firm’s...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: Husband and wife defendants were related to the husband and wife plaintiffs. The defendants were convinced the plaintiff husband (a state trooper) was abusing his wife, despite her...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: AC39520 - Stratek Plastics, Ltd. v. Ibar - Remember the case that held you could not recover your attorney fees in a mechanic lien foreclosure as the plaintiff unless there had...more

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