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
A former high school teacher and NFL cheerleader sleeps with her student. She faces widespread scorn, including scathing Internet comments. Despite the scorn, she becomes engaged to the student....more
Decisions across the U.S. identify, as one example of “bad appellate advocacy,” presenting too many issues on appeal. The Seventh Circuit applied those words to a brief that presented “12 issues for review—many with...more
Clear writing makes winning more likely. Why?
Consider our courts’ workloads. A federal district court judge, on average, annually handles over five hundred filings.
The federal appellate courts annually...more
INTEREST OF AMICI CURIAE -
This amicus curiae brief is filed on behalf of DISH Network L.L.C. (“DISH”) and EchoStar Technologies L.L.C. (“EchoStar”). Since its founding in the early 1980s, DISH has reinvented the...more
This post is the fourth in an ongoing series explaining the process of a civil appeal. Prior posts described filing of a notice of appeal, filing the record on appeal and filing appellate briefs with the Court of Appeal. ...more
After a notice of appeal is filed with the trial court and the record on appeal is filed with the Court of Appeal, the parties submit briefs to the Court of Appeal and participate in oral argument. This post is the third in...more
ONCE rare, amicus curiae or ‘‘friend of the court’’ briefs are now filed in the majority of appellate cases heard by the United States Supreme Court and various state supreme courts.
In the United States Supreme...more
As a very general rule, arguments in a brief should appear in order of descending power or importance. A judge may stop reading on reaching a clearly winning argument or on deciding that the opening briefing is so weak as not...more
On December 1, 2013, several amendments to the Federal Rules of Appellate Procedure are scheduled to go into effect. The most significant change for most appellate practitioners is that Rule 28 now consolidates the Statement...more
California appellate courts impose specific requirements on how arguments are to be presented on appeal. A party cannot simply incorporate by reference trial arguments. Nor can a party simply cut and paste arguments made in...more
If things did not go so well in the trial court, an attorney may want to return to the books for more research for the appellate briefing. In cases involving statutory issues, there may be relevant law that has not been...more
Consider whether you are really done. Have you answered the question(s) that were asked? All the questions? Are all the factual and procedural statements supported by citations to the exhibits? Are there any omitted...more
At the end of June, the U.S. Patent and Trademark Office filed its reply brief with the Federal Circuit in Exelixis, Inc. v. Rea. The appeal involves two decisions by the Eastern District of Virginia involving the impact of...more
Among the many programs offered at this year’s Rhode Island Bar Association Annual Meeting was a continuing legal education program titled “Dos and Don’ts of Appellate Practice.” The panel, moderated by my colleague, John...more
On March 27, 2013, the Supreme Court of Pennsylvania promulgated a set of significant rule changes that will affect everyone who practices in a Pennsylvania appellate court. The new amendments require that briefs and some...more
Appellate courts invariably face lawyers who fail to follow the rules that govern appeals. Learned Hand famously threw a 150-page brief over the bench and onto counsel's table after exclaiming that he would not read it...more
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