Litigators and jurists alike frequently use the terms “waiver” and “forfeiture” interchangeably in federal appellate practice. However, these are distinct concepts, and a savvy litigator will carefully consider them when...more
One of the more well established appellate doctrines in Michigan is that a claim of error generally won’t be considered on appeal unless it is preserved in the trial court. That isn’t necessarily the case in criminal...more
Precedential Opinions of Note - Government Must Prove Falsity Under Any Objectively Reasonable Standard - United States v. Harra (January 12, 2021), No. 19-1105 http://www2.ca3.uscourts.gov/opinarch/191105p.pdf Unanimous...more
A large and growing source of property tax refunds in Cook County are generated when a Court reverses or vacates the sale of delinquent taxes. A recent Appellate Court decision provides a good overview of the tax sale...more
Among the many benefits of utilizing appellate counsel at trial is that appellate counsel can assist in timely raising possible errors, and if error is not asserted when it occurs, then appellate counsel may be able to raise...more
Bass, Berry & Sims attorney Chris Lazarini discussed a case involving the court’s application of the plain error doctrine to reverse and remand a trial court’s order vacating a default judgment. The plain error doctrine is...more
On November 8, 2018, the Ninth Circuit affirmed a jury verdict in a consumer class action deceptive advertising case in favor of Defendants Boiron Inc. and Boiron USA, Inc. (together, “Boiron”), the sellers of a homeopathic...more
In a short summary order, the Court (Winter, Jacobs, Cabranes) vacated a term of supervised release because the district court had improperly calculated the advisory Guidelines range. Defendant Raddy Breton pleaded guilty to...more
Seventh Circuit Held No Implicit Threat to Proceed to Trial by Debt Collector When Filing a Collection Lawsuit - St. John v. CACH, LLC, No.14-2760, 2016 WL 2909195 (7th Cir. May 19, 2016) - On May 19, 2016, the...more
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