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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?
After a notice of appeal is filed with the trial court and the record on appeal is filed with the Court of Appeal, the parties submit briefs to the Court of Appeal and participate in oral argument. This post is the third in...more
According to Merriam-Webster, a pitfall is a "danger or problem that is hidden or not obvious at first." If you're a lawyer who specializes in appeals, the "hidden problems" in appellate practice we highlight below are...more
The process of pursuing a civil appeal in California can be a bit of a mystery for the first time litigant or trial lawyer. This post is the first in a series on explaining the process of a civil appeal. The first and most...more
Unless something unexpected happens, the Abbas v. Foreign Policy Group appeal will force the DC Circuit to expressly decide whether the DC anti-SLAPP statute applies in federal court (the so-called “Erie” issue). ...more
After trial and the denial of post-trial motions, AT&T Operations, Inc. ("AT&T") filed motion to extend the time to file a notice of appeal pursuant to Federal Rule of Appellate Procedure 4(a). AT&T argued that the e-mail...more
An orthopedic surgeon who fought back and won a court case after the society of orthopedic surgeons slammed him for testifying that another surgeon had committed malpractice has now won an appeal of the legal case....more
The employee benefits issues to be considered by the U.S. Supreme Court continue to be of great significance to plan sponsors and fiduciaries. This month we review the Court's employee benefit decisions from 2013 and also...more
Reversing a trial court’s decision in favor of the employer, a California Court of Appeals in Cheal v. El Camino Hospital held that a former employee may present her age discrimination claim to a jury because there were...more
Phoenix business law firm Jaburg Wilk Appellate lawyer Kathi Sandweiss talks about what will happen if the opposing party decides to appeal. She also talks about whether or not you are required to appear in court if the other...more
On February 12, 2014, the Office of Medicare Hearings and Appeals (OMHA) held a “Medicare Appellant Forum” in Washington, DC. The event was well-attended, with 300 people signed up to be present in-person, and 500 who signed...more
Before the next big winter storm packs a punch, if you are a landlord or business owner in Rhode Island, make sure you understand your obligation to remove snow accumulation and treat surface areas on your premises. ...more
AC35201, AC35270 - Henderson v. Lagoudis -
The “law of the case” doctrine does not preclude a trial court from re-considering subject matter jurisdiction (standing of the plaintiff in this case), even if the plaintiff...more
In 2010, Ontario amended the Rules of Civil Procedure to reform the summary judgment procedure under Rule 20. In Hryniak v. Mauldin, decided on January 23, 2014, the Supreme Court of Canada considered for the first time the...more
The Ontario Court of Appeal’s January 27, 2014 decision in Heydary Hamilton PC v. Muhammad, 2014 ONCA 84, considered the narrow but important issue of when a Court should dismiss an appeal due to a corporation’s failure to...more
A panel of the Commonwealth Court modified an order of the Monroe County Court of Common Pleas that quashed certain real estate assessment appeals filed on a consolidated basis, but permitted the property owners to file...more
AC35257 - Lagueux v. Leonardi:
This decision has general applicability to the right of the State to ensure an applicant for a license is of good moral standing. The majority concluded that the Connecticut Insurance...more
In a decision issued on February 4, 2014, the Seventh Circuit examined the mootness doctrine in an appeal of the denial of a preliminary injunction that challenged a facility use policy for a war memorial. Smith v. Exec. Dir....more
TRIAL COURTS MAY NOT CIRCUMVENT SUPREME COURT’S EXCLUSIVE JURISDICTION TO ENLARGE TIME FOR APPEAL.
In an order this term, the Rhode Island Supreme Court held that the Family Court exceeded its authority when it vacated...more
In a prior e-Alert, the Commercial Litigation practice outlined the issues confronting your business when deciding whether to enter into a contractual arbitration agreement. The alert noted that an important issue to consider...more
In November 2013 the American Arbitration Association (AAA) issued its new Optional Appellate Arbitration Rules, which afford parties the ability to appeal arbitral awards to specialised appellate tribunals. The appellate...more
It seems like there’s been a lot of labor law news lately. From the California Labor Commissioner’s crackdown on labor law violations this past year to new labor law-related legislation this year.
And here’s another....more
The U.S. Supreme Court has provided much-needed clarity and uniformity on the issue of whether contractual attorney’s fees are a part of a merits decision for the purposes of determining timeliness of a federal appeal. Ray...more
The U.S. Supreme Court ruled in a unanimous opinion that an unresolved claim for attorney’s fees does not prevent a decision on the merits of an ERISA suit from becoming final for purposes of the deadline to file a notice of...more
This post is the sixth in an ongoing series about maximizing a party’s chances of prevailing on appeal. A frequently asked question by trial lawyers is whether and when to seek review of a trial court order by way of a...more
In Burton v. Rhode Island, No. 2012-213-Appeal; 2012-268-Appeal, the Rhode Island Supreme Court held that a 17-year-old trespasser could not invoke the attractive-nuisance doctrine because he could not establish that he did...more
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