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Federal Rules of Appellate Procedure Appeals Jurisdiction

Adams & Reese

Practice Pointer: Unrefrigerated Dead Fish and Other Tips for Getting the Most You Can Out of the Standard of Review

Adams & Reese on

The standard of review (“SOR”) is the lens through which an appellate court examines a trial court’s or agency’s decision making and often determines the outcome of an appeal. Consider the tips below to get the most out of...more

Jaburg Wilk

Top Ten Things to Know About Appeals

Jaburg Wilk on

1. IT’S ALL ABOUT THE RECORD. The first question I’m typically asked by a prospective appellate client is “How can we tell the appellate court about all the emails from my ex-husband (credit card receipts, nasty texts) my...more

Ward and Smith, P.A.

On Notice: How to Avoid Improper Notices of Appeal

Ward and Smith, P.A. on

Rule 3 of the North Carolina Rules of Appellate Procedure seems pretty clear. A Notice of Appeal must "designate the judgment or order from which appeal is taken." But what might seem clear on its face isn't always so...more

Fox Rothschild LLP

Notices Of Appeal: Wouldn’t It Be Nice?

Fox Rothschild LLP on

I. You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order- Approximately three years ago, I blogged on Majerske v. Majerske, an unpublished Court of Appeals...more

McDermott Will & Emery

Fiesta’s Over for Trademark Claims Without Proof of Secondary Meaning

The US Court of Appeals for the First Circuit found that it had jurisdiction despite an arguably improper notice of appeal, and that the trademark owner waived its right to submit new evidence and failed to prove that the...more

Dickinson Wright

Jurisdictional vs Nonjurisdictional Appeal Filing Deadlines

Dickinson Wright on

Most of us think of appeal filing deadlines as absolute. That certainly is the case under the Michigan Court Rules. But as demonstrated by a recent decision from the United States Supreme Court, Hamer v Neighborhood Housing...more

Patterson Belknap Webb & Tyler LLP

Circuit Resolves Jurisdictional Questions In Context Of Section 853(n) Asset Forfeiture Proceeding

In a short opinion in United States v. Ohle, 16-601-cr, the Second Circuit (Leval, Calabresi, Cabranes) resolved two open questions about the application of Federal Rule of Appellate Procedure 4, both in the context of a...more

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