News & Analysis as of

Appellate Briefs

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19375 - State v. Chyung - SC19375 Concurrence - State v. Chyung - SC19492 - State v. Bush - SC19492 Dissent - State v. Bush...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19688 - State v. Lee - Appellate Court Advance Release Opinions: AC38222 - Robinson v. Robinson - Only alimony paid by a non-party / former spouse it taken into...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19576 - Briere v. Greater Hartford Orthopedic Group, P.C. - SC19576 Concurrence - Briere v. Greater Hartford Orthopedic Group, P.C. One might argue this decision...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC39614 - In re Harmony Q. - AC37573 - Rosa v. Commissioner of Correction - AC37913 - State v. Berthiaume - AC37913 Concurrence - State v. Berthiaume...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19651 - Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act - Appellate Court Advance Release Opinions: AC38279 - Al Dente, LLC v....more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19734 - Wall Systems, Inc. v. Pompa - Plaintiff - construction company - discovered one of its supervisors who was paid ~$200k/year was working for a competitor at the same...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a...more

Supreme Court of Pennsylvania Holds That Failure to File Brief in Support of Properly Filed Post-Trial Motion Does Not Waive...

In a recent decision, Board of Supervisors of Willistown Township v. Main Line Gardens, Inc., the Supreme Court of Pennsylvania unanimously held that a party does not waive all issues on appeal when it fails to file a...more

New Lower Word Limits for Briefs Have Arrived at Most (But Not All) Federal Courts of Appeal

by Robins Kaplan LLP on

On December 1, 2016, a set of rule amendments to the Federal Rules of Appellate Procedure became effective. The amended rules and details of the amendments can be found on the Eighth Circuit’s webpage, available at...more

Pithy Briefs to Become Procedural Mandate: The FRAP 32 Limit Loses 1,000 Words

by Butler Snow LLP on

Federal Rule of Appellate Procedure 32 currently restricts principal briefs to 14,000 words apiece, but that limit will soon diminish to 13,000. For non-lawyers such a change may seem inconsequential. After all, as the...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19389 - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Dissent - State v. Edmonds...more

What Role Can Appellate Counsel Play Before the Appeal?

by Williams Venker & Sanders on

In many ways, referring to a lawyer with extensive experience practicing in appellate courts as an “appellate” lawyer is misleading. An appellate lawyer is practiced generally in legal research, writing and analysis and is...more

Legalizing the Appellate Introduction

by Carlton Fields on

In polite society, it is rude not to introduce yourself, but if you are writing a brief to a Florida appellate court, the issue is complicated. The rule describing the required content of a brief does not describe an...more

New Word Limits For Federal Appellate Briefs: How Low Is Too Low?

Several amendments to the Federal Rules of Appellate Procedure are scheduled to take effect on December 1, and one of those amendments is causing consternation among appellate practitioners: a 1000-word reduction in the word...more

6 Tips On Legal Writing From A Former Federal Law Clerk

In litigation, first impressions frequently are made through the written word. Professional, coherent and accurate writing is crucial to establishing a good reputation with the court, and ultimately winning your case....more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19233, SC19234 - State v. Wright - SC19233, SC19234 Concurrence - State v. Wright - SC19382 - State v. Anthony D. - SC19382 Dissent - State v. Anthony D....more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36842 - Antonucci v. Antonucci - In this divorce action, the parties had been married for twenty-five years and had two adult children, and had comparable incomes of about...more

Writing Briefs for Judges Who Read on Screens

by JD Supra Perspectives on

Even lawyers don’t generate as much paper as they used to. That doesn’t mean our tendency to use too many words has diminished. It simply means that nearly everything we write and read is now done electronically. From...more

Proposed Rule Changes For IPR Appeals

by Foley & Lardner LLP on

On December 3, 2015, the Federal Circuit issued a notice of proposed changes to its Rules of Practice, many of which relate to IPR practice under the AIA... Some of the proposed changes impact the manner by which appeals from...more

Supreme Court Amendments Mandate Rejection Of Nonconforming Briefs And Dismissal Of Inactive Cases

On October 16, 2015, the Rhode Island Supreme Court issued an order making important amendments to Article I of the Supreme Court Rules of Appellate Procedure....more

Seventh Circuit Chastises Lawyer for Raising Too Many Issues on Appeal (Among a Litany of Other Missteps)

by Foley & Lardner LLP on

Not much went right for the plaintiffs’ lawyer in the Seventh Circuit’s decision yesterday in Pierce v. Visteon Corp., No. 14-2542 (7th Cir. July 1, 2015), but the opinion provides a few good lessons for appellate...more

Tips for Writing Effective PTAB Appeals Briefs

Your patent application has been rejected – again. You are ready to file an appeal brief with the Patent Trial and Appeal Board (PTAB) and tell three Administrative Patent Judges that the examiner is wrong. ...more

A Few Things To Avoid When Filing A Brief In The Middle District Of North Carolina

by Brooks Pierce on

United States District Court Judge Catherine Eagles of the Middle District of North Carolina delivered an admonition last week to all of the lawyers with cases in her Court....more

Make It Easy

by Best Best & Krieger LLP on

An appellant has the opportunity to make it easy for the appellate panel to locate the relevant documents in the record. If you have the responsibility to create part of the record, select a page numbering system that makes...more

The Labor Board Signals Change to the Joint-Employer Doctrine - The New NLRB Rule Will Likely Require Businesses to Bargain as to...

by Holland & Knight LLP on

The National Labor Relations Board, on May 12, 2014, solicited amicus briefs on whether the board's current joint-employer standard should be changed. It is unmistakable that the Democratic majority on the board has its...more

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