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
When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more
People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in...more
Addressing a case where a patent owner filed hundreds of applications as part of a strategy to maintain extraordinarily lengthy patent coverage, the US Court of Appeals for the Federal Circuit affirmed a district court’s...more
In Johnson v. Ontario, the Ontario Court of Appeal (the “Court”) allowed for the extension of time within which the appellant could opt out of a class action. In doing so, the Court provided welcome appellate guidance on the...more
On May 23, 2022, the U.S. Supreme Court considered the question of waiver in a case governed by the Federal Arbitration Act (“FAA”) and held that a party can waive its right to arbitration irrespective of whether the other...more
In Morgan v. Sundance, the Supreme Court unanimously concluded this week that waiving arbitration rights does not require a showing that the party seeking to have their case heard in federal court would be prejudiced by...more
Last week, in a decision that will increase the burden of proof for contractors in bid protests, the U.S. Court of Appeals for the Federal Circuit clarified that prejudice, a critical part of any protest action, is not to be...more
Ringing out 2021, the U.S. Court of Appeals for the Federal Circuit, in Systems Studies & Simulation, Inc. v. United States, recently held that there generally is no presumption that a protester has suffered competitive...more
Gilbert P. Hyatt v. Andrew Hirshfeld, Appeal Nos. 2018-2390, -2391, -2392, 2019-1038, -1039, -1049, -1070 (Fed. Cir. June 1, 2021) - This week’s Case of the Week explores a long-running dispute between controversial...more
Precedential Opinions of Note - Government Must Prove Falsity Under Any Objectively Reasonable Standard - United States v. Harra (January 12, 2021), No. 19-1105 http://www2.ca3.uscourts.gov/opinarch/191105p.pdf Unanimous...more
Rejecting a defendant’s request for a new trial on a variety of grounds, the US Court of Appeals for the Federal Circuit affirmed a damages award and explained that apportionment was unnecessary because a sufficiently...more
Be careful what you ask for. If that juicy prejudicial evidence seems just too good to pass up, you should consider the Fourth Circuit’s recent decision in 'Macsherry v. Sparrows Point.' Trials are expensive and...more
On May 8, 2020, the Third Appellate District, certified for publication its earlier decision in Petrovich Development Co. LLC v. City of Sacramento (C087283), where the Court, in a rare decision, voided a city council’s...more
The Court of Appeal held that without prejudice material incorporated into a settlement agreement between the claimants and one of the defendants could be inspected by the remaining defendants in on-going multi-party...more
We all know that, in real life, prejudice is a bad thing. But in the unique world of bid protests, success can actually depend on establishing prejudice. Two different types of prejudice, believe it or not! Of course,...more
A fundamental rule of appellate jurisdiction is the need for a “final” decision. In Michigan, a final judgment or order is typically “the first judgment or order that disposes of all the claims and adjudicates the rights and...more
In 2016, a California jury decided that Led Zeppelin’s “Stairway to Heaven” did not infringe on Randy Wolfe’s “Taurus”. However, the 9th Circuit Court of Appeals reviewed that decision and has now called for a do-over,...more
Below is an update on recent developments in several litigations involving biosimilar products. Amgen v. Sandoz (filgrastim, pegfilgrastim): As we previously reported, the district court granted summary judgment of...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former broker sought to overturn a jury verdict finding him guilty of securities fraud, obstruction of justice and wire fraud by arguing, among...more
Federal Circuit Summaries - Before Taranto, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Proceeding to trial despite a party’s violation of a discovery order...more
If you’re a California employer, perhaps no single law strikes fear into your heart quite as much as the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA allows individual “aggrieved employees” to bring...more
On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more
In a recent decision by the U.S. Court of Appeals for the Second Circuit in the General Motors case, the court held certain claimants were not afforded procedural due process with respect to the § 363 sale of General Motor...more
Appellate Court Advance Release Opinions: Released after 11:30 a.m. AC37222 - State v. Leon - AC36118 - Taft v. Commissioner of Correction - AC35815 - State v. Devito - AC36483 - Brochu v. Aesys...more
In Gorel v. Bank of New York Mellon, 5D13-3272 (Fla. 5th DCA May 8, 2015) Florida’s Fifth District Court of Appeal offered relief to increasingly popular arguments using minor defects in paragraph 22 notices of default as a...more