N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Can I Get Out of Jail While My Federal Criminal Appeal is Pending?
Federal Criminal Defense Attorney - Overturning A Guilty Verdict in a Federal Criminal Appeal
How long does an appeal in a federal criminal case take?
What issues do people raise in a federal criminal appeal?
When a party wishes to question the ruling of a lower court, an appeal can be filed to have the case reviewed....more
The U.S. Court of Appeals for the 11th Circuit recently ruled on an issue lying at the intersection of fraud conspiracies and the U.S. Sentencing Guidelines: the government’s separate burden of proof against each co-defendant...more
David M. Gersten, former chief judge in Florida's Third District Court of Appeal, chairs Bilzin Sumberg Baena Price & Axelrod LLP's appellate practice, and is a partner in the litigation group in Miami.
Q: What is the...more
In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal. Today, in In re Nalle Plastics Family Limited Partnership (No. 11-0903), the Texas Supreme Court...more
Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more
Our firm is focused on relieving the hardship experienced by our clients either through experienced representation in personal injury matters or by helping you apply for needed workers’ compensation or Social Security...more
The Superior Court recently held that an attorney’s failure to make timely or effective objections to the composition of a jury prevented a trial court from vacating a judgment and granting a mistrial. The Superior Court’s...more
On April 19, a divided panel of the Federal Circuit reversed a lower court’s judgment of invalidity because the defendant had not cross-appealed invalidity in a prior appeal involving the defendant’s winning judgment of...more
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
Hospitals, health care providers, and managers of other businesses across the country may be surprised to learn that under a new federal court ruling, their organizations may now qualify as government contractors or...more
In This Presentation:
• 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
The Superior Court’s recent decision in Vietri v. Delaware Valley High School, No. 648 EDA 012 (March 22, 2013), brings into sharp focus the intricacies of Pennsylvania post-trial practice and the need to proceed cautiously...more
What does “full and fair” review during an ERISA appeal mean?
Before the appeal decision is made, does the administrator have to disclose to the claimant medical opinions obtained during an appeal? Not if that opinion...more
The role of intent in the determination of whether a worker is an employee or independent contractor has taken on greater significance in the last decade or so. However, despite a series of decisions on the issue from the Tax...more
On March 15, 2013, the United States Court of Appeals for the Federal Circuit ordered a rehearing en banc in Lighting Ballast Control, LLC v. Philips Elecs. N. Am. Corp, et al. This order sets the stage for a potential change...more
In Harris v. Bingham McCutchen, the California Court of Appeal, Second Appellate District held that the drafter of an adhesion contract could not avoid the contract’s choice-of-law provision in determining the enforceability...more
In the final days of the March term of the Illinois Supreme Court, the Court allowed a petition for leave to appeal in The Board of Education of Roxana Community Unit School District No. 1. v. The Pollution Control Board, et...more
Idenix Pharmaceuticals (NASDAQ:IDIX) faces an uphill battle to sufficiently demonstrate enablement in its ongoing patent interference against Gilead Sciences (NASDAQ:GILD) regarding their respective hepatitis C (HCV)...more
When faced with the prospect of an appeal, the most common question asked by clients, no matter whether they won or lost below, is “how long is the appeal going to take?” The most current data available from the...more
A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental...more
Jammie Thomas-Rasset, the woman whom the recording industry martyred with a $222,000 damages award after several trials for stealing music online, has reached the end of her legal rope. The U.S. Supreme Court on Mar. 18...more
A jury found that Mid-Continent committed five separate violations of the Texas Insurance Code and awarded $2 million to the insured as compensation for the amount it paid to settle third-party claims. The trial court,...more
As we previously reported, on May 17, 2012, an FTC Administrative Law Judge (“ALJ”) held in an Initial Decision that POM Wonderful LLC’s (“POM“) claims that its products can treat, prevent, or reduce the risk of heart...more
When Medicare was created in 1966, Medicare paid participating providers (e.g. hospitals and skilled nursing facilities) based on a portion of their costs. Medicare’s portion of costs was determined by multiplying total costs...more
The Supreme Court of Canada has just decided to hear a commercial arbitration case arising from a finder’s fee dispute in the mining industry. The legal issues in the appeals — plural — go to the heart of the relationship...more
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