Appeals

Q&A With Bilzin Sumberg's David Gersten

by David Gersten | Bilzin Sumberg Baena Price & Axelrod LLP on 5/20/2013

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

SCOTX: Attorney Fees Need Not Be Superseded on Appeal

by Smith Law Group, P.C. on 5/20/2013

In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal.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

Appellate Notes: Week of April 18th

by Edward McCreery III | Pullman & Comley, LLC on 5/14/2013

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

Understanding The Social Security Disability Appeals Process

by Stipe, Harper, Laizure, Uselton, Belote,... on 5/13/2013

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

Recent Pennsylvania Superior Court Decision Highlights Importance of Objections to Preserving Issues for Appellate Review

by Arleigh Helfer | Schnader Harrison Segal & Lewis LLP on 5/10/2013

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

Federal Circuit: Speak Now or Forever Hold Your Appeal

by Martin Saad | Venable LLP on 4/26/2013

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

Fast Five - Rhode Island Appellate Practice: April 2013

by Nicole Benjamin | Adler Pollock & Sheehan P.C. on 4/24/2013

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

Court Ruling May Subject Hospitals and Health Care Providers to OFCCP Regulation

by Betsy Carroll, Candice Petty, Katharine Tylee | Davis Wright Tremaine LLP on 4/19/2013

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

Principled Appellate Decisions

by Smith Law Group, P.C. on 4/18/2013

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

Recent Superior Court Decision Highlights Perils of Post-Trial Practice in Pennsylvania

by Katrin Rowan, Carl Solano | Schnader Harrison Segal & Lewis LLP on 4/15/2013

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

“Full and Fair Review” — Okay to Disclose Medical Opinions on Appeal After Appeal Denial

by D. Michael Reilly | Lane Powell PC - ERISA Law on 4/11/2013

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

FCA Provides Guidance On Role Of Intent In Determining Status Of Worker

by Timothy Fitzsimmons | Dentons on 4/9/2013

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

Federal Circuit Announces Review of Appellate Standard for Claim Construction

by James Trainor, Matthew Wisnieff | White & Case LLP on 4/8/2013

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

Employment Contract’s Choice-Of-Law Provision Governs Question of Arbitrability, Court of Appeal Rules

by Michael Newman | Barger & Wolen on 4/8/2013

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

How Is an Appeal from the Certification of a Pollution Control Facility Brought?

by Kirk Jenkins | Sedgwick LLP on 4/8/2013

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 seen as unlikely to prevail against Gilead in HCV patent interference

by Snell & Wilmer L.L.P. on 4/4/2013

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

March 2013: Appellate Update—The Appellate Timetable

by Quinn Emanuel Urquhart & Sullivan, LLP on 3/28/2013

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

Major Environmental Decision May Also Expand Right to Appeal In Other State Permitting Cases

by Paul Collins, Jaclyn Shoshana Levine | Miller Canfield on 3/28/2013

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

Supreme Court Refuses to Hear File-Sharing Appeal

by Michele Bowman | Lawyers.com on 3/26/2013

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

No Bad Faith Recovery Unless Insured Demonstrates Acts Were A Producing Cause Of Damages

by April Zubizarreta | Cozen O'Connor on 3/21/2013

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

POM Appeals FTC Final Order Regarding Deceptive Claims

by Fuerst Ittleman David & Joseph, PL on 3/20/2013

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

The Latest Zpic Target: Medicare Cost Reports

by Fuerst Ittleman David & Joseph, PL on 3/18/2013

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

SCC will Decide Finder’s Fee Arbitration Case

by Andrew Little | Bennett Jones LLP on 3/18/2013

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

Weekly Law Resume - March 8, 2013: Appeals: Revival of Corporate Powers Retroactively Validates Notice of Appeal

by Michael Beuselinck | Low, Ball & Lynch on 3/15/2013

Danielle Bourhis et al. v. John Lord et al. Supreme Court of California (March 4, 2013) Under the Revenue and Tax Code, a suspended corporation forfeits its corporate powers, rights and privileges by failing to pay...more

Resubmission of Hospital Claims

by Thomas Hess, Tyler N. Williams | Dinsmore & Shohl LLP on 3/13/2013

On February 13, CGS Administrators, the Parts A and B Medicare Administrative Contractor for Kentucky and Ohio, relayed instructions to Medicare hospitals paid under the Inpatient Prospective Payment System from the Centers...more

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