Right To Appeal

News & Analysis as of

Are English arbitration awards ‘final, conclusive and binding’? – revisiting the right to challenge arbitration awards in English...

Recent debate on the right to appeal - Under limited circumstances, a party to an English arbitration award who is dissatisfied with the result can challenge that award in the courts. There are concerns that the current...more

Insurer Must Still Defend Even if Covered Claims Are Dismissed

We encounter the following scenario from time to time: The defense counsel just scored a big victory, knocking out a key cause of action. The only problem is—the carrier now says that claim was the only covered cause of...more

Trademark Practitioners Beware: Issue Preclusion May Now Apply to TTAB Findings More Often Than You Think

Trademark owners and practitioners who took heart in the Supreme Court's seemingly confined holding that issue preclusion can but does not necessarily apply to likelihood of confusion determinations by the Trademark Trial and...more

How Do I Appeal a Divorce Judgment?

All too often after a divorce trial, one or both parties is unhappy with the decision reached by the trial judge. It could be about property division issues, custody and parenting, support or other matters within the...more

D.C. Circuit Rejects Bid for Preliminary Review of Clean Power Plan

Today the U.S. Court of Appeals for the District of Columbia Circuit rejected a challenge to the U.S. Environmental Protection Agency’s (EPA’s) proposed Clean Power Plan, which seeks to regulate greenhouse gas emissions from...more

High Court Rejects Appeal on Class Action Funding

Representative proceedings (or class actions) have recently come under increased scrutiny in both the policy and commercial contexts. The High Court recently rejected special leave to appeal from the Victorian Court of...more

ECF Fail: You Have to Read the Order

We’ve all done it: Read the docket description in the notice of electronic filing (“NEF”) and have your paralegal download the order and add it to the pleadings file. But you have to read the order: The clerk’s...more

Supreme Court Clarifies Application of Final Judgment Rule in MDL Proceedings, But Uncertainty Remains

On January 21, 2015, the Supreme Court issued its much-anticipated decision in Gelboim v. Bank of America Group. The case presented a single question: Is a district court order dismissing all claims in an action that was...more

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

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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