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Appeals Appellate Review

Carlton Fields

Motions For Rehearing: An Often Overlooked Preservation Requirement

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Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to...more

Dickinson Wright

Michigan Court of Appeals Clarifies Application of the “Plain Error” Rule

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One of the more well established appellate doctrines in Michigan is that a claim of error generally won’t be considered on appeal unless it is preserved in the trial court.  That isn’t necessarily the case in criminal...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

Perkins Coie

Supreme Court Requires Stay Pending Appeal of Arbitration Denial

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On June 23, the U.S. Supreme Court held that federal district courts must stay all proceedings pending appellate review of an order denying a motion to compel arbitration. Coinbase, Inc. v. Bielski, 599 U.S. ___, 2023 WL...more

Dickinson Wright

Issues Becoming Moot on Appeal

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Although appellate courts are generally obligated to address the issues that are properly brought before them, that is not the case when it comes to issues that have been rendered moot by subsequent developments—either in the...more

Butler Weihmuller Katz Craig LLP

Trial Lawyers, Don't Lose Your Appeal

September 6, 2022 Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible. The recent amendment to Florida Rule of Civil Procedure 1.530(a), issued...more

Morrison & Foerster LLP - Left Coast Appeals

How do Rule 23(f) petitions fare in the Ninth Circuit?

The Ninth Circuit gets more requests to appeal class-certification decisions under Rule 23(f) than any other court.  How do those requests fare?  We take a look below, drawing from this invaluable nationwide study by...more

Butler Snow LLP

How to Attack a Negative Net Worth Affidavit, Part II: A Case Study

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In Part I of this two-part series, we covered the basic procedure for attacking a negative net-worth affidavit filed to supersede a money judgment. This post offers a case study for successfully applying that procedure and...more

McDermott Will & Emery

Patent Extension Requires Board or Court Reversal, Multiple Examiner Actions Not Enough

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The US Court of Appeals for the Federal Circuit affirmed a grant of summary judgment for the Director of the US Patent and Trademark Office (PTO), holding that the statutory language authorizing so-called “C-delay” patent...more

Knobbe Martens

When Can the PTO Extend a Patent’s Term Due to Delay From an Appeal?

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CHUDIK V. HIRSHFELD - Before Taranto, Bryson, and Hughes. Appeal from the United State District Court for the Eastern District of Virginia - Summary: An examiner’s self-reversal may not qualify as “reversing an...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Does the Term “Human Antibody” Include Humanized Antibodies?

In the context of Immunex’s patent on IL-4 antibodies, the Federal Circuit says yes. On October 13, 2020, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (the “Board”) final written decision in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - September 2020: Thryv Does Not Bar Appellate Review of Same Party and New Issue Joinder Under...

In view of the Supreme Court’s Thryv decision, the Federal Circuit recently reissued its original March 2020 decision in Facebook v. Windy City (Windy City I) after granting Facebook’s petition for rehearing and denying...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - September 2020

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Denies Plaintiffs’ Right to Challenge Alabama Law as Discriminatory

On December 13, 2019, a split Eleventh Circuit Court of Appeals (sitting en banc) ruled that several black plaintiffs lacked standing to challenge the discriminatory intent behind an Alabama law that blocked the city of...more

Knobbe Martens

In Re: Power Integrations, Inc.

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Federal Circuit Summary - Before O’Malley, Bryson, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A writ of mandamus cannot be used as an alternative means of obtaining appellate review of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Clarifies Standard of Appellate Review of Creditor’s Insider Status

In U.S. Bank N.A. v. Village at Lakeridge, LLC, the U.S. Supreme Court issued an important decision on standards of appellate review, holding that appellate courts should review a bankruptcy court’s determination of whether a...more

Pullman & Comley, LLC

Appellate Court Notes

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AC39565 - Carvalhos Masonry, LLC v. S&L Variety Contractors, LLC - Interesting case. After the conclusion of the evidence in the case, the trial judge urged the parties to settle and even recommended the amount. The...more

Carlton Fields

So You're Telling Me There's A Chance! – The Difference Between Waiver and Forfeiture

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Appellate attorneys (hopefully!) understand the need to preserve arguments for appeal by raising them before the trial court and in their opening briefing. But what about the difference between waiver and forfeiture of...more

Snell & Wilmer

Utah Supreme Court Clarifies Administrative Agencies’ Fact Finding Duty and the Standard of Review for Administrative Appeals

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In McElhaney v. City of Moab, 2017 UT 65, —- P.3d —-, the Utah Supreme Court held that an adjudicative land use decision, and likely all administrative decisions subject to substantial evidence review on appeal, must include...more

Nossaman LLP

Friday Afternoon Eminent Domain Case Review

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On Friday afternoon I decided to take a quick look at the advance sheets for any newly decided appellate cases involving eminent domain. My search revealed an unpublished decision that came out yesterday (September 7, 2017)...more

McDermott Will & Emery

AIA Does Not Override 28 USC § 1447(d) Reviewability Bar

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit ruled that provisions in the America Invents Act (AIA) related to federal courts’ jurisdiction over patent claims do not override 28 USC § 1447(d)’s limit on appellate review of...more

Jones Day

Projects Disputes in Australia: Recent Cases

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Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more

Holland & Knight LLP

Supreme Court: District Court EEOC Subpoena Enforcement Decisions Subject to Abuse of Discretion

Holland & Knight LLP on

The Supreme Court of the United States issued its decision on April 3, 2017, in McLane Co., Inc. v. Equal Employment Opportunity Commission, a case which presented the question of what the appropriate standard of appellate...more

Tonkon Torp LLP

Temporary Restraining Order Halts Trump Administration Executive Order of January 27, 2017

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As has been widely reported, on Friday, February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order impacting the Trump Administration Executive Order issued...more

Constangy, Brooks, Smith & Prophete, LLP

Robin’s Quickie Guide To The U.S. Courts Of Appeal

The U.S. Courts of Appeal hear appeals from federal district courts in their assigned states, or as otherwise specified below: - First Circuit: Maine, Massachusetts, New Hampshire, and Rhode Island, and Puerto Rico....more

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