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Appeals Appellate Briefs

Fox Rothschild LLP

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to...

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It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the Court of Appeals did in Harney v. Harney. ...more

DRI

[Event] Appellate Advocacy Seminar - November 6th - 8th, Las Vegas, NV

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Join us in fabulous Las Vegas for a program that will benefit all attorneys involved in appeals. Sessions will include discussions on building an appellate practice, practical advice for presenting a persuasive appellate...more

Sands Anderson PC

Word Limits and Page Limits are Real: The Rules Against “Incorporating Arguments by Reference”

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You might think 50 pages or 12,300 words, in the Virginia Court of Appeals, or 30 pages or 13,000 words, in the federal courts of appeals, would be more than enough space for a lawyer to get out an argument. If you do, you’re...more

Carlton Fields

Don’t Abandon All Hope on Appeal

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It is crucial for an appellant drafting an initial brief to adequately identify and describe all claims and issues the appellant intends to raise for appellate review. Apart from the obvious advantage of providing as much...more

Carlton Fields

Properly Joining in an Appellate Brief Filed in a Separate Appeal

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We previously posted on Federal Rule of Appellate Procedure 28(i), which is the rule governing the adoption of part or all of another’s brief. We initially looked at decisions addressing the burden on a party to...more

Carlton Fields

The Ten Commandments of Writing an Effective Appellate Brief

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It is basic, but critical, to persuade the court that the result you seek is the right result. The court has to feel good about ruling in favor of your client. As Judge Gurfein of the Second Circuit aptly stated, “It is still...more

Carlton Fields

Properly Joining in a Co-Party’s Brief or Motion to Avoid Waiver Issues: Further Considerations for Fact-Specific Arguments

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We previously wrote about the requirements for joining in a co-party’s brief or motion to avoid waiver issues. Since our original post, federal appellate courts have continued to hold that a party who seeks to adopt the...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Misappropriation: Denial of Motion for Attorneys’ Fees under CUTSA is Not an Appealable Order

Whether a court order is appealable is often the first issue analyzed by appellate attorneys. An interlocutory order is an order issued by a court while a case is pending. These orders are not a final disposition of the case,...more

McDermott Will & Emery

Illinois Appellate Court Rules on BIPA Statute of Limitations

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On September 17, 2021, a panel of the Illinois Appellate Court for the First District issued a significant decision on the question of which statute of limitations apply to claims under the Illinois Biometric Information...more

Butler Snow LLP

Using AI to Improve the Briefing Process | Jacqueline Schafer | Texas Appellate Law Podcast

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If the COVID-19 pandemic taught attorneys anything, it’s that technology can change the practice of law and maximize efficiency in ways we never thought possible. But, even before the pandemic, lawyers and innovators were...more

Butler Snow LLP

Helping the Court Decide Your Case | Justice April Farris | Texas Appellate Law Podcast

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Transitioning from private practice to the bench is an adjustment even in the best of times. But First Court of Appeals Justice April Farris made the switch in the middle of a pandemic when court operations and proceedings...more

Pierce Atwood LLP

All Cleaned Up

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Appellate advocacy is about persuasion – and the most important avenue for persuading appellate judges is a brief that is clear, concise, and readable. So what does an appellate attorney do when confronted by the need to...more

Fox Rothschild LLP

More On Published Opinions After Submission On Briefs

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Last week I blogged about the Fourth Circuit’s recent published opinions that, due to the pandemic-prompted suspension of Local Rule 36(a), did not have the usual oral argument. The research for that post revealed that...more

Vinson & Elkins LLP

[Webinar] Scattershooting From The Bench: Thoughts On Appellate Advocacy - October 19th, 12:00 pm - 1:00 pm CT

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Crisp, cogent legal writing is the hallmark of an excellent lawyer. What do judges look for when they read briefs? What do they like and dislike? How can you make your writing more persuasive? Join us to learn answers to...more

Morrison & Foerster LLP - Federal Circuitry

August Oral Argument Recap

We are two weeks out from arguments in the Federal Circuit’s August sitting, so it is time for our monthly oral argument recap. As it has done for the past several years, the Court heard arguments on only three days in...more

Jones Day

Timeline of Arthrex Developments

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The Federal Circuit’s decision in Arthrex v. Smith & Nephew excited and disrupted the patent world... Inter partes review (IPR) reshaped patent law and patent litigation this decade after the America Invents Act took effect....more

Ballard Spahr LLP

Defendant files answer brief, trade groups file amicus brief in Montana lawsuit challenging healthcare provider’s use of prepaid...

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Last week, the defendant filed its answer brief in Bratton v. Sisters of Charity of Leavenworth Health System, Inc., an appeal now pending before the Montana Supreme Court involving a challenge to the defendant’s use of...more

McDermott Will & Emery

Principal or Inferior? PTAB APJ Appointment Held Unconstitutional

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In what has quickly turned into a controversial decision, the US Court of Appeals for the Federal Circuit held the appointment of administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB)...more

Woods Rogers

The Return of Corpus Linguistics

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On a previous post on the blog, we discussed the increased judicial focus on “corpus linguistics,” the use of searchable databases to find specific examples of how a word is used at a given time.  The idea got additional...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

Sheppard Mullin Richter & Hampton LLP

Update to Texas v. United States: DOJ Files a Brief in Support of Eliminating the ACA

On May 1, 2019, the Department of Justice (“DOJ”) filed an initial brief (the “Brief”) with the U.S. Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) on behalf of the United States, in favor of upholding the lower...more

Carlton Fields

Openings in Appellate Oral Arguments

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You are on your feet at the podium and you have told the appellate panel who you are and whom you represent. What is the first substantive thing you should now tell the court (always assuming you get that opportunity before...more

McManis Faulkner

The Appellate Oral Argument

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The Appellate Court: An exciting forum of oral advocacy; a check on the process and the decisions of our trial courts; a second chance for parties to make their case; and a place where novel and important legal principles...more

Foley & Lardner LLP

Appellate Briefs Are Not the Place to Incorporate Material from Someplace Else by Reference

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Buried in a footnote in the February 7 opinion in a criminal appeal is a helpful reminder for all advocates in the Seventh Circuit, including those handling civil appeals. In United States v. Moody, No. 18-1837 (7th Cir. Feb....more

Fisher Phillips

Next Shot Fired: We’ve Read Grubhub’s 71-Page Appellate Response Brief So You Don’t Have To

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The next shot has been fired in the long-running misclassification dispute between plaintiff Raef Lawson and gig economy giant Grubhub, as the company filed its Answering Brief with the 9th Circuit Court of Appeals late...more

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