Appellate Review

News & Analysis as of

Corrective Action Catch 22: Court of Federal Claims Holds Agency Action Must Be Rational Even If GAO Protest Decision Was Not.

The United States Court of Federal Claims’ July 15, 2014 decision in RUSH Construction, Inc. v. United States, reflects the unusual circumstance in which the court effectively sat in appellate review of an earlier bid protest...more

Upcoming Supreme Court Case Highlights Appealability Pitfalls When Cases Are Consolidated

Consolidation of cases in federal courts can take many forms. Sometimes cases are consolidated for all purposes. Sometimes, they are consolidated only for limited purposes of discovery or pretrial proceedings. A case in which...more

Wyndham Secures Interlocutory Appeal Challenging the FTC’s Authority to Regulate Cybersecurity Practices

As part of our ongoing effort to advise clients on significant developments in cybersecurity that are likely to impact their businesses, we have been actively reporting on the case of in FTC v. Wyndham Worldwide Corporation,...more

Barbieri v. Mastronardi: Ontario Court of Appeal Sets Aside Motion Judge’s Summary Judgment Decision for Failure to Give Adequate...

In order for an appellate court to review a decision, there must be adequate reasons to permit appellate review. Otherwise, the judgment may be set aside. The Ontario Court of Appeal’s May 21, 2014 decision in Barbieri v....more

Appellate Court Notes

AC35802 - Estate of Haburey v. Winchester - Widow was allowed to claim spousal benefits for deceased employee who worked at municipal sewage treatment facility. Commissioner could have properly found that exposure to...more

Third District Applies Daubert Retroactively

Florida’s first appellate review under Daubert occurred in Perez v. Bell South Telecommunications, Inc., 39 Fla. L. Weekly D 685b (April 24, 2014). The Third District Court of Appeals became the first Florida appellate court...more

Post-Conviction Relief – Why a Guilty Verdict Doesnt Mean the Fight is Over

A guilty verdict at trial seems like the end of what has likely been a long, and difficult process. The period awaiting trial may feel interminable; what happens after is sometimes a longer road with even more unknowns. But...more

The Palm II Court Decision Cracks Down On Condominium Boards

On March 21, 2014, the Illinois Appellate Court entered a Rule 23 Order in Palm vs. 2800 Lake Shore Drive Condominium Association ("Palm II"). A Rule 23 Order may not be cited as precedent in other cases in Illinois courts,...more

Who Is a ‘Foreign Official’ under the FCPA? Eleventh Circuit Weighs In

Providing appellate guidance for the first time, the U.S. Court of Appeals for the Eleventh Circuit interpreted a key term defining the types of “foreign officials” subject to the Foreign Corrupt Practices Act (FCPA) and...more

Appellate Advice from an Appellate Court

The Bankruptcy Appellate Panel of the Ninth Circuit has adopted some materials designed to assist attorneys and litigants involved in a bankruptcy appeal before the BAP. Although many of the excellent materials address the...more

Bernard v. Canada (Attorney General): Appellate Review of a Lower Court’s Interpretation of its Own Order & New Charter Arguments...

On February 7, 2014, the Supreme Court of Canada released its judgment in Bernard v. Canada (Attorney General), 2014 SCC 13, a case involving the judicial review of a decision by the Public Service Labour Relations Board...more

Tax Litigation Update: Determination Of Proper Appellate Court For Review Of Certain Tax Court Cases In Flux

It is a bedrock principle of tax litigation that the US Tax Court is bound to following the precedent of the Circuit Court of Appeals to which its decisions are subject to appeal. See Golsen v. Comm’r, 54 T.C. 742 (1970). ...more

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