Oral Argument

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Judge Easterbrook on Appellate Review: There Are No "Writs of Erasure"

Judge Easterbrook provided a fundamental and valuable lesson on appellate review during today’s oral argument in O’Keefe v. Chisholm, a series of consolidated appeals that concern the John Doe investigation brought by...more

The Law Society Of British Columbia v The Society of Notaries Public of British Columbia: Intervener Granted Standing to Appeal...

On June 12, 2014, a panel of the British Columbia Court of Appeal delivered its oral reasons in The Law Society Of British Columbia v The Society of Notaries Public of British Columbia, 2014 BCCA 233, granting standing to an...more

An Associate's Reflections on Her First Oral Argument

I had several appeals pending earlier this year, so it wasn’t a complete surprise when I received the order from the Florida Third District Court of Appeal setting one of them for oral argument. I had been waiting for this...more

Oral Arguments Held in First-Ever Challenge to CFIUS National Security Review of Foreign Investments in the United States

On May 5, the US Court of Appeals for the District of Columbia (DC Circuit) heard oral arguments in Ralls Corp. v. CFIUS et al. The case is the first ever challenge to the review process conducted by the Committee on Foreign...more

Can’t Sneak in Another Argument

In Rackspace Hosting, Inc. v. Rotatable Technologies, LLC, IPR2013-00248, Paper 27 (April 9, 2014), the petitioner submited a seven page request for oral argument including arguments...more

Supreme Court Justices Consider Taxability of Certain Severance Pay During Quality Stores Oral Arguments

Yesterday the Supreme Court of the United States heard oral arguments in United States v. Quality Stores, Inc., a case on appeal from the Sixth Circuit Court of Appeals. A circuit court split had spurred the Court to hear the...more

Oral Arguments Heard In Historic "Foreign Official" Challenge

Last Friday in Miami, the 11th Circuit Court of Appeals heard oral argument in U.S. v. Joel Esquenazi & Carlos Rodriguez. The issues on appeal did not just relate to the FCPA’s ”foreign official” element, but as to this...more

Fast Five: Rhode Island Practice Group - October 2013: What It Means To Be Prepared For Oral Argument Before The Rhode Island...

Fall is my favorite season. As the foliage begins to take on the shades of yellow, orange, red and brown that are representative of the change of the season, squirrels and chipmunks begin their feverish efforts to collect...more

Fast Five: Rhode Island Appellate Practice: Special Edition: Recent Law Clerks Provide Pointers For Practice Before The Rhode...

This special edition of the Fast Five on Rhode Island Appellate Practice features guest bloggers Jamie J. Bachant, Esq. and Amy Goins, Esq., who recently completed clerkships with Rhode Island Supreme Court Justice Gilbert V....more

Fast Five: Rhode Island Appellate Practice: June 2013 #2

Among the many programs offered at this year’s Rhode Island Bar Association Annual Meeting was a continuing legal education program titled “Dos and Don’ts of Appellate Practice.” The panel, moderated by my colleague, John...more

The Curious Case Of Human Gene Patents

The U.S. Supreme Court heard oral arguments last month in the matter of Association for Molecular Pathology v. Myriad Genetics, a curious case that does not bode well for America’s biotechnology industry and could overturn 30...more

Q&A With Carlton Fields' Wendy Lumish

Q: What is the most challenging case you have worked on and what made it challenging? A: Frankly, many of my cases are extremely challenging because I am generally defending a large corporation against a horribly injured...more

Illinois Supreme Court to Hear Five Civil Cases In May

On Tuesday, the Illinois Supreme Court announced its oral argument calendar for the May term, and it includes arguments in five civil cases. The cases, with the questions presented in each, are...more

Fast Five - Rhode Island Appellate Practice: April 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

What We May Learn from the Myriad Oral Argument

The U.S. Supreme Court heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. on Monday, and many have commented on the Court's interrogation of the parties' representatives (and the government)...more

First Circuit Oral Argument Considers the Proper Standard Governing the False Claims Act’s “First-to-File” Rule

The United States Court of Appeals for the First Circuit recently heard oral arguments in United States ex rel. Heineman-Guta v. Guidant Corp., et al. (12-1867). During oral argument, the panel considered, among other issues,...more

Batting Practice with DNA Patents at the U.S. Supreme Court

The Supreme Court heard oral arguments today in Association of Molecular Pathology vs. Myriad Genetics (Docket 12-398) regarding the patent eligibility of isolated DNA sequences. More specifically, they probed both parties in...more

After Myriad Oral Argument, Supreme Court Set to Decide Patentability of Isolated Human DNA Molecules

Today, the Supreme Court of the United States heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. (No. 12-398) to decide the question, “Are human genes patentable?” The Court’s decision in...more

Oral Arguments Before the USPTO Patent Trial & Appeal Board [Video]

Oral arguments before the USPTO's new Patent Trial & Appeal Board are a vital part of the new contested proceedings that present new challenges for patent practitioners. Robert Greene Sterne, a founding director of...more

Oral Advocacy and Record Preservation: A Judge’s Perspective. Insights Shared at the IADC 2012 Midyear Meeting by Judge Roger...

Originally published in The International Association of Defense Counsel - Appellate Practice Committee Newsletter - February 2013. At the 2012 Midyear meeting, we were privileged to hear insights on appellate oral...more

Terrorizing Patent Practitioners: Highlights from Oral Argument at the Supreme Court for Gunn v. Minton

On January 16, 2013, the Supreme Court of the United States heard oral arguments in Gunn. The heart of the matter is whether the state-based malpractice action may be heard in state court or whether it must be heard in...more

U.S. Government Requests Argument Time in Bowman v. Monsanto -- at Monsanto's Expense

In a paper filed earlier this week by Solicitor General Donald Verrilli, Jr., the U.S. government has asked the Supreme Court for leave to present ten minutes of argument in Bowman v. Monsanto. The request is not unusual or...more

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