If I wasn't happy with my lawyer, can I appeal and show evidence I wanted to present?
Can I collect my judgment if the other side is appealing?
What is an appeal and how do I know if I should appeal?
Bill on Bankruptcy: What's in the $83M ResCap Examiner's Report?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Can I Get Out of Jail While My Federal Criminal Appeal is Pending?
Federal Criminal Defense Attorney - Overturning A Guilty Verdict in a Federal Criminal Appeal
How long does an appeal in a federal criminal case take?
What issues do people raise in a federal criminal appeal?
Under the Federal Arbitration Act, only “a final decision with respect to an arbitration” is appealable. 9 U.S.C. §16(a)(3). The issue facing the Ninth Circuit was whether an order compelling arbitration which neither...more
This post is the fourth in an ongoing series explaining the process of a civil appeal. Prior posts described filing of a notice of appeal, filing the record on appeal and filing appellate briefs with the Court of Appeal. ...more
One of the fundamental tenets of arbitration is finality. Parties who choose arbitration over litigation typically want assurance that when an award has been issued, the matter is concluded. As a result, the Federal...more
As many physicians now realize, Recovery Audit Contractors ("RAC") hired by Medicare have turned their attention from hospitals and are now actively pursuing claims submitted by physicians. An audit by a RAC can put a...more
Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ -
Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust...more
The concept behind the innocent insured doctrine is simple: where there are multiple insureds on an insurance policy, a breach by one does not necessarily eliminate coverage for those not personally involved in the breach....more
The Illinois Supreme Court has decided a number of cases in recent years involving choices between form and substance or strict and substantial compliance. In most (but not all) cases, a majority of the Justices have sided...more
I have been appointed receiver in a case involving contentious litigation over a business. The defendant has appealed my order of appointment. The defendant has also repeatedly violated the injunction issued along with my...more
The Svea Court of Appeal has adopted new guidelines in relation to the challenge of arbitration awards.
This follows a consultation arranged by the Arbitration Institute of the Stockholm Chamber of Commerce, led by...more
RHODE ISLAND BUSINESSES:ARE YOU TOO CONTROLLING?
Your employees, but not your independent contractors, may think so.
A Rhode Island Supreme Court decision this term serves as an important reminder for businesses...more
In its March 11, 2014 decision in R. v. Courtice Auto Wreckers Limited, the Ontario Court of Appeal considered a discrete but important issue in appellate practice: what appeal route should be undertaken by the Crown when it...more
Representative McDermott Expresses Concern Over Appeals Backlog – On March 18, 2014, Representative Jim McDermott (D-Wash), the ranking member of the Ways and Means Subcommittee on Health, submitted a letter to HHS Secretary...more
In the recent case of Sanchez v. Canada (Citizenship and Immigration), Stratas J.A. of the Federal Court of Appeal dismissed the appellant’s motion for a stay of the appeal pending a decision by the Supreme Court of Canada....more
The general rule in federal court is that only a final judgment (i.e., a judgment that ends the case) is appealable as of right. So-called “interlocutory” decisions—such as a decision denying a defendant’s motion to dismiss,...more
The calendar tells us that it is now spring – the season of hope and optimism. While this may seem like a legal technicality given the weight of the objective physical evidence to the contrary, I, being a lawyer, have no...more
In 2013, the General Assembly revamped the laws governing zoning boards of adjustment in North Carolina in S.L. 2013-126, entitled "An Act to Clarify and Modernize Statutes Regarding Zoning Boards of Adjustment". The...more
SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C.
This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more
The Supreme Court of Canada has granted leave to appeal in Guindon v. The Queen (Docket # 35519). In this case, the Supreme Court of Canada will consider whether penalties imposed under section 163.2 of the Income Tax Act...more
On March 12, 2014, in Powder River Basin Resource Council v. Wyoming Oil And Gas Conservation Commission, et al., the Wyoming Supreme Court, on procedural grounds, vacated a trial court decision upholding the decision of the...more
At the end of every episode of the People’s Court, viewers were admonished: “Don’t take the law into your own hands. You take them to court.” But what happens when you do take them to court, and the judge takes the facts into...more
AC35167 - Perugini v. Giuliano:
Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more
Phoenix business law firm Jaburg Wilk's Appellate practice chair Kathi Sandweiss discusses whether you are able to appeal if you did not think your lawyer did a good job and want to present different evidence. For more...more
In the case of a Texas court judgment that awards damages to a plaintiff, a critical question that arises for defense counsel is, "What steps must be taken to prevent execution on the judgment during the pendency of an...more
The Ninth Circuit has denied the sua sponte call for en banc review in Pacific Shore Properties, LLC v. City of Newport Beach, No. 11-55460, a case that we have written about previously. Judge O’Scannlain, joined by Judges...more
In a case of first impression that has important implications for lenders in Rhode Island, the Rhode Island Supreme Court held this term that a usury savings clause in a commercial loan document does not validate an otherwise...more
Back to Top