Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
Handling Post-Conviction Death Penalty Cases Pro Bono | McKenzie Edwards | Texas Appellate Law Podcast
Inside the Fourth Court of Appeals’ Clerk’s Office | Michael Cruz | Texas Appellate Law Podcast
Supersedeas and Other Recent Rule Changes | Texas Appellate Law Podcast
Supreme Court Miniseries: Tribal Rights in the 21st Century
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
AGG Talks: Home Health & Hospice - Reimbursement Audits and Appeals
After ALJ: Options and Opportunities in the Face of an Unfavorable ALJ Decision
Understanding the SCOTUS Shadow Docket | Steve Vladeck | Texas Appellate Law Podcast
Podcast: The Legal Battle Over Mifepristone - Diagnosing Health Care
Checking in On the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
Law Brief®: Rich Schoenstein and New York State Senator Luis Sepúlveda Discuss The Chief Judge Controversy
Appellate Justice for Domestic Violence Survivors
Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast
The Evolution of Texas Appellate Practice| David Keltner | Texas Appellate Law Podcast
Podcast: California Employment News - Time to Do Away With Rounding Policies
Two Federal Courts Deal Blow to Biden Administration’s Federal Student Loan Forgiveness Program: A Close Look at the Decisions
This Am Law 50 senior counsel cements his authority through two appellate analytics blogs - Legally Contented Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Reflections on 100 Episodes | Texas Appellate Law Podcast
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
On November 22, 2023, the United States Court of Appeals for the Fifth Circuit proposed an amendment to 5th Cir. Rule 32.3 and Form 6, which would have introduced a requirement for attorneys to certify the extent to which...more
In a world of electronic filing, fewer attorneys see appellate court clerks in person. It’s easy to forget how critical their role is to keeping the courts open, efficient, and accessible. In this episode, Michael Cruz, clerk...more
The Texas Supreme Court has unveiled a change to Texas Rule of Appellate Procedure 28.3 to implement recent legislation requiring the state’s 14 intermediate appellate courts to explain themselves when denying petitions for...more
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
Most practitioners are likely happy to have limited familiarity with Rule 4(a)(6) of the Federal Rules of Appellate Procedure. The Rule allows the district court, in its discretion, to reopen for 14 days a party’s time to...more
While the Rolling Stones may have believed that time was on their side, today the Court of Appeals reminded prospective appellants that, when faced with a deadline for filing a Notice of Appeal, time is definitely not on...more
There are a number of reasons why parties in a civil case might consider filing a post-judgment motion before appealing an adverse decision. In fact, sometimes, a post-judgment motion is required to preserve an issue for...more
Sometimes due to factors out of our control, we are faced with having to file an appeal from a final judgment after the appeal period has already passed. Is this allowed? Sometimes. Is all hope lost? Not necessarily. Here are...more
As an appellate lawyer with considerable experience in both state and federal appellate courts, I often receive calls from colleagues who are either in the midst of trying a case, or who have just received a decision or...more
The US Court of Appeals for the Federal Circuit may “award just damages and single or double costs to the appellee” under the Federal Rule of Appellate Procedure 38 if an appeal is frivolous as filed or as argued. In a...more
Businesses and attorneys alike have kept a close eye on the developments surrounding the challenge to California Assembly Bill 51 (now codified as Labor Code section 432.6). Most recently, in a 2-1 decision, the 9th Circuit...more
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
In a prior alert, we discussed Senior U.S. District Judge Stanley R. Chesler’s decision to deny defendant LG Electronics’s (“LG”) motion to stay a retrial on damages in a patent infringement case involving plug-and-play...more
In a unanimous opinion, the United States Supreme Court decided on May 27, 2021 that a district court cannot alter the allocation of appellate costs awarded under Federal Rule of Appellate Procedure 39. City of San Antonio v....more
I just read this article... – admittedly authored by lawyers, Ethan Brecher and Ana Montoya, whose website provides that one of their three principal areas of practice is representing investors “who have been defrauded by...more
Federal Circuit Refuses to Issue Stay in Mandate Pending Certiorari Decision - One of the most interesting (albeit troubling) decisions by the Federal Circuit in the past year or so was its decisions, by a panel and then...more
At Federal Circuitry, sometimes we have simple ideas that prove not so simple. What we expect will be a few hours of data collection, number crunching, and analysis actually turns into far more work. This post is one of those...more
This week, the Ninth Circuit creates a potential circuit split on personal jurisdiction in in rem proceedings, and clarifies whether a post-judgment motion for attorneys’ fees extends the time to appeal (spoiler alert: it...more
This week, the Ninth Circuit closely guarded its own jurisdiction while putting government litigants on the back foot. Read on to find out why county jailors’ qualified immunity appeal was dismissed, and how the Court handled...more
1. IT’S ALL ABOUT THE RECORD. The first question I’m typically asked by a prospective appellate client is “How can we tell the appellate court about all the emails from my ex-husband (credit card receipts, nasty texts) my...more
Rule 3 of the North Carolina Rules of Appellate Procedure seems pretty clear. A Notice of Appeal must "designate the judgment or order from which appeal is taken." But what might seem clear on its face isn't always so...more
I. You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order- Approximately three years ago, I blogged on Majerske v. Majerske, an unpublished Court of Appeals...more
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
In Wheatley v. Farley, a trial court entered an order awarding relief to both parties, and both parties appealed. No. 08-18-00106-CV, 2019 Tex. App. LEXIS 4626 (Tex. App.—El Paso June 5, 2019, no pet. history)....more