Right To Appeal

News & Analysis as of

The Justice Department’s New Policy on Waiving Claims of Ineffective Counsel; What it Means for Carolina Courts

Recognizing that the “right to effective assistance of counsel is a core value” or our justice system, Deputy Attorney General James Cole issued a memo to federal prosecutors instructing them that they should no longer enter...more

Upcoming Supreme Court Case Highlights Appealability Pitfalls When Cases Are Consolidated

Consolidation of cases in federal courts can take many forms. Sometimes cases are consolidated for all purposes. Sometimes, they are consolidated only for limited purposes of discovery or pretrial proceedings. A case in which...more

Maryland Court of Appeals Limits Right to Appeal Denial of Petition to Compel Arbitration

Private construction contracts routinely include arbitration clauses to ensure that disputes that arise from a project are resolved by a technically skilled arbitrator. Questions may arise, however, about whether an...more

Congress Amends the Medicare Secondary Payer Act

On December 31, 2012, Congress sent the Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers Act (“the Act”) of 2012 to President Barack Obama for signature. The Act had strong bipartisan support, passing in...more

Tax Court Of Canada Upholds General Policy That Settlement Agreements Should Be Respected – Taxpayer’s Waiver Of Right To Appeal...

In Noran West Developments Ltd. v. The Queen, the Tax Court of Canada (Justice Brent Paris) upheld the validity of a taxpayer’s waiver of its right to appeal executed following the conclusion of a settlement with the Appeals...more

The Right To Appeal Once A Receiver is Appointed

QUESTION: After a receiver is appointed to enforce a settlement, can the defendant, a California corporation, appeal the judgment and order appointing the receiver, or is the receiver the only party that has the right to...more

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