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New Amendments to the Federal Rules of Appellate Procedure Include a Change to Briefing Requirements

On December 1, 2013, several amendments to the Federal Rules of Appellate Procedure are scheduled to go into effect. The most significant change for most appellate practitioners is that Rule 28 now consolidates the Statement...more

11/21/2013 - Appellate Briefs Appellate Rules

Third Circuit Clarifies Waiver Doctrine by Distinguishing Between "Issues" and "Arguments" in a Suppression-of-the-Evidence Case

Waiver is an important concept to any appellate attorney because it determines what can and cannot be raised on appeal. Generally, an appellate court will only consider arguments that were previously raised in the trial...more

10/1/2013 - Appeals Evidence Suppression Waivers

Another Court Holds Daubert Analysis Required When Critical to Class Certification

With a split among the Circuits, no authoritative decision from the Third Circuit, and certiorari already granted by the U.S. Supreme Court on the issue, another district court has concluded that a thorough Daubert analysis...more

1/31/2013 - Class Action Class Certification Daubert Ruling Expert Witness Price-Fixing Sherman Act

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