Appeals

News & Analysis as of

Update on Myriad Appeal and Announcing a Public Forum on the USPTO 101 Guidelines

Myriad has appealed the district court decision that denied its motion for a preliminary injunction against Ambry Genetics Corp. According to a report in Bloomberg BNA Life Sciences Law & Industry Report™, on April 14, 2014,...more

Nevada Workers Compensation: Hearings and Appeals Overview [Video]

Nevada workers compensation law attorney, Virginia Hunt, gives you an overview of the hearing and appeals process. Related links: Appeals - Virginia's...more

Ninth Circuit Adopts Rebuttable Presumption That Order Which Does Not Explicitly Dismiss Arbitrable Claims Stays The Action As To...

Under the Federal Arbitration Act, only “a final decision with respect to an arbitration” is appealable. 9 U.S.C. §16(a)(3). The issue facing the Ninth Circuit was whether an order compelling arbitration which neither...more

The Appellate Court has Issued its Opinion, Now What?

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

Appealing an Arbitration Award: Early Planning and Agreement Are Key

One of the fundamental tenets of arbitration is finality. Parties who choose arbitration over litigation typically want assurance that when an award has been issued, the matter is concluded. As a result, the Federal...more

Medicare’s Recovery Audit Program (RAC Audits), An Update For Physicians

As many physicians now realize, Recovery Audit Contractors ("RAC") hired by Medicare have turned their attention from hospitals and are now actively pursuing claims submitted by physicians. An audit by a RAC can put a...more

Asbestos Alert: Paulus v Crane Co.

Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ - Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust...more

Illinois Supreme Court to Decide If Innocent Insured Doctrine Applies to Renewal Application

The concept behind the innocent insured doctrine is simple: where there are multiple insureds on an insurance policy, a breach by one does not necessarily eliminate coverage for those not personally involved in the breach....more

Illinois Supreme Court to Clarify Mailing Standards for Notice of Appeal

The Illinois Supreme Court has decided a number of cases in recent years involving choices between form and substance or strict and substantial compliance. In most (but not all) cases, a majority of the Justices have sided...more

Can an Appeal be Dismissed because the Appellant has Refused to Comply with Court Orders?

I have been appointed receiver in a case involving contentious litigation over a business. The defendant has appealed my order of appointment. The defendant has also repeatedly violated the injunction issued along with my...more

Sweden improves efficiency in its award challenge procedures

The Svea Court of Appeal has adopted new guidelines in relation to the challenge of arbitration awards. This follows a consultation arranged by the Arbitration Institute of the Stockholm Chamber of Commerce, led by...more

Fast Five: Rhode Island Appellate Practice - April 2014

RHODE ISLAND BUSINESSES:ARE YOU TOO CONTROLLING? Your employees, but not your independent contractors, may think so. A Rhode Island Supreme Court decision this term serves as an important reminder for businesses...more

R. v. Courtice Auto Wreckers Limited: Determining the Appellate Route from a Stay of Proceedings Under the Provincial Offences Act...

In its March 11, 2014 decision in R. v. Courtice Auto Wreckers Limited, the Ontario Court of Appeal considered a discrete but important issue in appellate practice: what appeal route should be undertaken by the Crown when it...more

Also in the News

Representative McDermott Expresses Concern Over Appeals Backlog – On March 18, 2014, Representative Jim McDermott (D-Wash), the ranking member of the Ways and Means Subcommittee on Health, submitted a letter to HHS Secretary...more

Sanchez v. Canada (Citizenship and Immigration): When to Stay an Appeal Pending a Decision by the Supreme Court of Canada

In the recent case of Sanchez v. Canada (Citizenship and Immigration), Stratas J.A. of the Federal Court of Appeal dismissed the appellant’s motion for a stay of the appeal pending a decision by the Supreme Court of Canada....more

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

Spring Fever - Cautious Optimism for More Critical Appellate Review of Agency Actions

The calendar tells us that it is now spring – the season of hope and optimism. While this may seem like a legal technicality given the weight of the objective physical evidence to the contrary, I, being a lawyer, have no...more

N.C. Court of Appeals: Zoning Administrator Cannot Determine Standing to Appeal

In 2013, the General Assembly revamped the laws governing zoning boards of adjustment in North Carolina in S.L. 2013-126, entitled "An Act to Clarify and Modernize Statutes Regarding Zoning Boards of Adjustment". The...more

Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

SCC Grants Leave To Appeal In Guindon v. The Queen

The Supreme Court of Canada has granted leave to appeal in Guindon v. The Queen (Docket # 35519). In this case, the Supreme Court of Canada will consider whether penalties imposed under section 163.2 of the Income Tax Act...more

Wyoming Supreme Court Vacates on Procedural Grounds a Lower Court Decision Holding Ingredients in Fracking Fluid Formulas Qualify...

On March 12, 2014, in Powder River Basin Resource Council v. Wyoming Oil And Gas Conservation Commission, et al., the Wyoming Supreme Court, on procedural grounds, vacated a trial court decision upholding the decision of the...more

Donning and Doffing More Than His Robe, Judge Posner Tries an Experiment in Chambers

At the end of every episode of the People’s Court, viewers were admonished: “Don’t take the law into your own hands. You take them to court.” But what happens when you do take them to court, and the judge takes the facts into...more

Appellate Court Notes - Week of March 19

AC35167 - Perugini v. Giuliano: Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more

If I wasn't happy with my lawyer, can I appeal and show evidence I wanted to present?  [Video]

Phoenix business law firm Jaburg Wilk's Appellate practice chair Kathi Sandweiss discusses whether you are able to appeal if you did not think your lawyer did a good job and want to present different evidence. For more...more

Eagle Ford Shale Dispute Paves The Way For Supreme Court of Texas Review Of Supersedeas Bond Requirements

In the case of a Texas court judgment that awards damages to a plaintiff, a critical question that arises for defense counsel is, "What steps must be taken to prevent execution on the judgment during the pendency of an...more

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