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Trial Preparation Appellate Courts

Ward and Smith, P.A.

The Importance of Oral Arguments in Appellate Courts: Insights for Trial and Appellate Practitioners

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Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get...more

Butler Snow LLP

Focus Groups as a Trial-Preparation Tool | Elizabeth Larrick | Texas Appellate Law Podcast

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Preparation is the key to winning at trial, and focus groups are a powerful tool for ensuring that a case is trial-ready. In this episode of the Texas Appellate Law Podcast, hosts Todd Smith and Jody Sanders visit with...more

Butler Snow LLP

Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast

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As civil trials become more expensive and less frequent, proactive attorneys should look for ways to streamline or end their cases before trial. Luckily, both Texas statutes and court rules provide some helpful tools. In this...more

Butler Snow LLP

Navigating Federal Tort Claims on a National Scale | Tom Jacob | Texas Appellate Law Podcast

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Suing the federal government can be a daunting task. In this episode, Todd Smith and Jody Sanders sit down with Tom Jacob, a partner at National Trial Law in Austin, Texas, to discuss the intricacies of litigating cases under...more

Butler Snow LLP

Tackling Bullying in the Legal Profession | Scott Stolley | Texas Appellate Law Podcast

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In this episode, seasoned appellate practitioner Scott Stolley sits down with Todd Smith and Jody Sanders to confront the issue of bullying in the legal profession. Scott explores the multifaceted nature of bullying, from...more

Butler Snow LLP

A Longtime Trial Judge’s View from the Appellate Bench | Justice Gisela Triana | Texas Appellate Law Podcast

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Few Texas judges have seen the courtroom from as many perspectives as Third Court of Appeals Justice Gisela Triana. From a practitioner, to a municipal judge, to a trial court judge on various benches, Justice Triana has...more

Carlton Fields

Asking for Oral Argument in the U.S. Courts of Appeals

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In many federal courts of appeals, the statement on oral argument occupies a prime position in a brief. It is often the first substantive statement a judge reads. Yet so few advocates use this valuable “real estate” to...more

Carlton Fields

The Adoption of Proposed Orders Verbatim: Avoiding Reversible Error

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In nearly all areas of the law, the parties’ submission of proposed orders to the trial court is a ubiquitous and long-standing practice. And for nearly just as long, the judiciary has recognized the significant due process...more

Robins Kaplan LLP

The Note From the Deliberating Jury

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With a jury deliberating, there is nothing more exactingly scrutinized by trial lawyers than a written question emanating from the jury deliberation room to the trial judge. As the judge reads the question, the lawyers,...more

Pullman & Comley, LLC

How Do I Get More Time to File My Appeal?

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As an appellate lawyer with considerable experience in both state and federal appellate courts, I often receive calls from colleagues who are either in the midst of trying a case, or who have just received a decision or...more

Pullman & Comley, LLC

Voluntary Disclosure of a Communication with Counsel: The CT Appellate Court Recognizes “Subject Matter” Waiver

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Accordingly, we hold that the voluntary disclosure of a privileged attorney-client communication constitutes a waiver of the privilege as to all other communications concerning the same subject matter when the trial court...more

Carlton Fields

Don't Leave it to the Appellate Court to "Make the Best of a Bad Thing": The Seventh Circuit is the Latest to Require a...

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On September 2, 2020, the Seventh Circuit Court of Appeals issued its decision in Continental Vineyard, LLC v. Vinifera Wine Co., LLC, and adopted a new contemporaneous objection rule for the circuit in doing so. In this...more

Orrick, Herrington & Sutcliffe LLP

The Trial Team’s New Secret Weapon? An Appellate Pro

When attorneys are living and breathing a case day after day, it can be hard for even the best trial teams to know whether their litigation strategies are as fail proof as they think they are. That’s why Rick Runkel, general...more

Robins Kaplan LLP

New York Appellate Division Implements New Statewide Practice Rules

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In September, the Appellate Division of the Supreme Court of the State of New York implemented new statewide practices rules that apply in each of New York’s four judicial departments. ...more

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