Federal Rules of Appellate Procedure

News & Analysis as of

Are Federal Appellate Courts Growing Impatient with Procedural Errors? — Risks for Clients and Their Counsel

On May 7, 2015, the U.S. Court of Appeals for the Third Circuit affirmed a district court’s grant of partial summary judgment in a dispute about an indemnification agreement. That decision, Lehman Bros. Holdings, Inc. v....more

Recent Superior Court Decision Underscores Difficulty and Need for Caution When Determining Appealability of Orphans' Court Orders

For several years, Pennsylvania judges, lawyers, and (even) rulemakers have struggled to define when an order entered in an Orphans’ Court proceeding is immediately appealable. The issue, of course, is critical, because...more

New Amendments to Federal Rule of Appellate Procedure 6: Appeal in a Bankruptcy

On December 1, 2014, amendments to various federal rules of practice and procedure took effect. The only amendment to the Federal Rules of Appellate Procedure made three substantive changes to Rule 6, which deals with...more

June 2014: Appellate Practice Update

Comparison of Circuits’ Local Rules. While the Federal Rules of Appellate Procedure (“FRAP”) set high-level ground rules for appellate practice in the federal courts of appeals, practice in those courts is in fact far from...more

Time and Tide Wait for No Appellant: A Recent Ninth Circuit Decision Reflects the Importance of Determining When a Post-Judgment...

A recent Ninth Circuit decision makes clear that federal appellate procedure adheres to an old maxim: time and tide wait for no man. In other words, if you intend to appeal a decision in federal court, do not wait around. In...more

Appealing Propositions: Appellate Issues In The Law - Distinguishing Between Error and Reversible Error; Recognizing and Avoiding...

Right after the judge or the jury renders a “bad verdict” we all have undoubtedly heard, at least, one our clients say they want to appeal the case “all the way to the United States Court, if that’s what it takes to get...more

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