Appellate Rules

News & Analysis as of

March 2014: Appellate Update

The general rule in federal court is that only a final judgment (i.e., a judgment that ends the case) is appealable as of right. So-called “interlocutory” decisions—such as a decision denying a defendant’s motion to dismiss,...more

AAA Issues Optional Appellate Arbitration Rules

In November 2013 the American Arbitration Association (AAA) issued its new Optional Appellate Arbitration Rules, which afford parties the ability to appeal arbitral awards to specialised appellate tribunals. The appellate...more

U.S. Supreme Court: A Decision on the Merits Triggers the Time to Appeal Irrespective of a Pending Contractual or Statutory...

The U.S. Supreme Court ruled in a unanimous opinion that an unresolved claim for attorney’s fees does not prevent a decision on the merits of an ERISA suit from becoming final for purposes of the deadline to file a notice of...more

American Arbitration Association Adopts Optional Appellate Procedure For Arbitration Award

Effective November 1, 2013, the American Arbitration Association (“AAA”) adopted an optional appellate procedure for review of arbitration awards. According to the AAA, its new appellate review option provides grounds for...more

American Arbitration Association Adopts New Appellate Rules

The American Arbitration Association (“AAA”) has now adopted Optional Appellate Arbitration Rules. The Appellate Rules, which became effective November 1, 2013, provide an optional appellate process for arbitrations before...more

SCOTUS Confirms that Younger Abstention Is Appropriate in Only Three Exceptional Circumstances

In a unanimous decision released Tuesday, the U.S. Supreme Court held that federal abstention under Younger v. Harris, 401 U.S. 37 (1971) applies in only three “exceptional circumstances.” The Court previously identified...more

AAA’s Optional Appellate Review: Good Or Bad For Arbitrations?

In the past, resolving contract disputes between sophisticated parties meant spending years litigating in the court system, including having to go through extensive discovery, motion practice, and trial, and then an appeal. ...more

Why Appellate Procedural Rules Matter

The unpublished decision by the Third Appellate District in Martel v. Litchfield (Dec. 4, 2013 C068425) provides four glaring examples of how violating procedural appellate rules can affect the outcome of an appeal. In...more

Plain Error Need Only Be Plain at the Time of Appellate Review

Under the Federal Rules of Criminal Procedure 52(b), “A plain error that affects substantial rights may be considered even though it was not brought to the court's attention.” In U.S. v. Henderson, the U.S. Supreme Court...more

Pate Estate v. Harvey: Division on the Appropriate Standard of Appellate Review for Punitive Damages Amounts

A trial judge’s assessment of damages is usually entitled to significant deference on appeal. Even so, when it comes to awarding punitive damages, appellate courts have a more interventionist role. But how interventionist?...more

New Amendments to the Federal Rules of Appellate Procedure Include a Change to Briefing Requirements

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

Why Appellate Briefing Rules Matter

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

American Arbitration Association Adopts Optional Appellate Arbitration Rules

The American Arbitration Association (AAA) has adopted a new set of Optional Appellate Arbitration Rules (the “Appellate Rules”) that became effective on November 1, 2013. Under the Appellate Rules, parties may agree, either...more

Litigation Update: Appellate Arbitration

Taking yet another step to perfect the privatization of the judiciary, the American Arbitration Association has just announced that it has promulgated rules to govern the appellate review of an arbitrator’s “final” decision....more

Fast Five: Rhode Island Appellate Practice: August 2013

SUPREME COURT HOLDS THAT A PARTY WHO IS NOT AGGRIEVED BY A JUDGMENT CANNOT BE QUALIFIED AS AN APPELLANT. In Lombardi v. City of Providence, No. 2012-86-Appeal, the Rhode Island Supreme Court reminded litigants that a...more

Fast Five - Rhode Island Appellate Practice: April 2013

Welcome to the first edition of Fast Five on Rhode Island Appellate Practice, which will provide five periodic updates on Rhode Island appellate law and pointers for practice before the Rhode Island Supreme Court. ...more

Principled Appellate Decisions

In This Presentation: - Overview: • The "right" result on appeal depends on your perspective, but several factors go into reaching a principled appellate decision. • Our discussion will examine some...more

Significant Pennsylvania Rules Change Require Bigger Type and Much Shorter Brief

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

Word-Count Rules Going Into Effect December 1

A trial lawyer poses the following question: Do you know for sure whether the new appellate rules are going into effect December 1? Any thoughts on whether an appeal filed on November 29 (but not actually due until...more

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