Civil lawyers love written notices of appeal. Have you ever heard a civil attorney say, “I wish I could orally notice an appeal”? Me neither. But the criminal trial bar overwhelmingly give oral notices of appeal in state...more
Big news out of the Court of Appeals for criminal practitioners. In State v. McLean, the Court of Appeals addressed a notice of appeal that was given orally the day after the trial ended and the defendant was sentenced. There...more
EarthJustice and Puget Soundkeeper (“EarthJustice”) filed a May 28th Notice of Appeal (“Notice”) before the Washington Pollution Control Hearings Board challenging a Clean Water Act National Pollutant Discharge Elimination...more
On June 5, 2024, Minnesota Bankers Association and Lake Central Bank (“Plaintiffs”), filed a notice of appeal to the United States Court of Appeals for the Eighth Circuit to appeal the Minnesota federal district court’s April...more
The Commission on Nevada Rules of Appellate Procedure, created by the Nevada Supreme Court in 2021, and tasked with considering whether the Nevada Rules of Appellate Procedure (“NRAP”) should be updated, recently filed a...more
People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in...more
Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and...more
Most practitioners are likely happy to have limited familiarity with Rule 4(a)(6) of the Federal Rules of Appellate Procedure. The Rule allows the district court, in its discretion, to reopen for 14 days a party’s time to...more
While the Rolling Stones may have believed that time was on their side, today the Court of Appeals reminded prospective appellants that, when faced with a deadline for filing a Notice of Appeal, time is definitely not on...more
There is no such thing as a sure thing. And in three unpublished opinions, the North Court of Appeals reminded lawyers that a notice of appeal does not guarantee appellate jurisdiction....more
Last week the Law Court handed down two decisions relating to judicial process, addressing the time limits for notices of appeal and the situations in which relief can be sought for wrongful use of civil proceedings....more
What a judge says before, during or after a hearing “off-the-record” likely sheds light on the Court’s decision making process including, but not limited to, what evidence was considered and whether the proper, relevant legal...more
For both civil and criminal appeals, the North Carolina Rules of Appellate Procedure require an appealing party who is filing a written notice of appeal to identify “the judgment or order from which appeal is taken.”...more
A question that occasionally arises with petroleum underground storage tanks (“USTs”) and aboveground storage tanks (“ASTs”) is the various parties that may be responsible for complying with the relevant federal and state...more
On February 23, 2021, Plaintiffs Wisconsin Manufacturers and Commerce (WMC) and Oconomowos dry cleaner sued Wisconsin’s Department of Natural Resources (WDNR) seeking declaratory relief and an order to enjoin WDNR from...more
The Court of Appeal held that a ruling denying a petition for writ of mandate constitutes the final judgment in the case and triggers the 60-day period for filing an appeal. Meinhardt v. City of Sunnyvale, 76 Cal.App.5th 43...more
This week, the Court of Appeals added some nuance to an issue that has plagued appellants for many years: the calculation of the appeal period when a judgment is not properly served but an appellant nonetheless has “actual...more
In State v. Jonas, [2021-NCCOA-660; No. COA20-712 filed 7 December 2021, the Court of Appeals discussed an appellate requirement that sometimes bedevils criminal defense attorneys: preserving the right to appeal the trial...more
On Oct. 13, the Supreme Court of North Carolina adopted amendments to the North Carolina Rules of Appellate Procedure. The new rules will impact all appellate cases beginning Jan. 1, 2022....more
A Ninth Circuit appeal is generally a long-term endeavor. The Court itself tells parties that the likely “time-to-argument”—i.e. the time between a filing a notice of appeal and the Court hearing oral argument—is between 12...more
New York’s Appellate Division, Second Department recently denied two motions arguing an appeal was untimely where the appellant filed a notice of appeal nine days beyond the standard deadline. The appellant successfully...more
In Dicesare v. Charlotte-Mecklenburg Hospital Authority, 2021 NCBC Order 10 (Apr. 6, 2021), the North Carolina Business Court determined that a trial court loses jurisdiction to rule on a pending Civil Rule 60(b)(6) motion...more
Agency agreements with the ASBCA allow the Board to adjudicate contract disputes outside the purview of the Contract Disputes Act. The ASBCA can take jurisdiction over contract disputes pursuant to agency agreements with...more
Those who have known me for any length of time know that for more than a decade I have really, really wanted the Supreme Court to give appellate practitioners clarification on how various transcript-related issues should work...more
In ALC Manufacturing, Inc., v. J. Streicher & Co., 2020 NCBC 55, the Business Court dispatched a case that started off with bad timing, and ended that way too. Plaintiff claimed defendant BBP Bandenia, PLC breached a...more