What is an appeal and how do I know if I should appeal?
Bill on Bankruptcy: What's in the $83M ResCap Examiner's Report?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Can I Get Out of Jail While My Federal Criminal Appeal is Pending?
Federal Criminal Defense Attorney - Overturning A Guilty Verdict in a Federal Criminal Appeal
How long does an appeal in a federal criminal case take?
What issues do people raise in a federal criminal appeal?
On November 12, 2013, inTrillium Power Wind Corporation v. Ontario (Natural Resources), 2013 ONCA 683, the Ontario Court of Appeal allowed a $2-billion action by Trillium Power Wind Corporation (Trillium) to proceed against...more
Clearly annoyed, the 7th Circuit Court attacked an ALJ’s ruling on expert evidence as “circular,” “unscientific” and “anti-intellectual.” At issue was a conflict between the prevailing medical view on the cause of elbow...more
In the Hall Street decision in 2008, SCOTUS held that parties could not contractually enlarge Section 10 of the Federal Arbitration Act by agreeing that a court could vacate the arbitration award for reasons not found in that...more
I generally advise most clients under most circumstances to avoid arbitration clauses. Over the long run, they do not deliver on the promise of streamlined, cost effective litigation....more
Today, Division Eight of the Second Appellate District of California issued its decision in Gaines v. Fidelity National Title Insurance Company (Dec. 12, 2013 B244961). The case involved the dismissal of a fraud case in the...more
In the closing days of the recently concluded November term, the Illinois Supreme Court allowed petitions for leave to appeal from three new civil cases. Our first-look previews of those cases begin today with People ex rel....more
Arbitration is a faster and less expensive way to resolve disputes. One significant drawback of arbitration, however, is that there has been almost no way to overcome an aberrant decision by the arbitrator. Even when the...more
Phoenix business law firm Jaburg Wilk's Appellate attorney Kathi Sandweiss discusses what an appeal is and how you know you should appeal. She also talks about the process involved in appealing your case. ...more
This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits.
An order granting class certification is not the end of the battle regarding...more
Mitchell A. Newmark is a partner at Morrison & Foerster LLP and is concentrated on state and local tax litigation and appeals before administrative and judicial bodies around the country. Newmark also advises companies and...more
In Ontario, it is well established that the following five factors are to be considered when deciding whether to extend the time period in which to file a notice of appeal: 1) whether the appellant formed an intention to...more
What happens when appellate judges know an appeal should be allowed but counsel have not argued the proper basis to do so? The Ontario Court of Appeal faced this issue in Dasham Carriers Inc. v. Gerlach. The case concerned...more
The American Arbitration Association and its related International Centre for Dispute Resolution announced on November 1, 2013 the adoption of new Optional Appellate Arbitration Rules. These new rules provide detailed...more
Gloster LJ has ordered that the appellants, the losing parties in two London seated LCIA arbitrations, pay into court the full amount of awards now worth over US$325 million as a condition of proceeding with their appeal...more
In what circumstances should an appellate court permit the Crown to amend an information against an accused person at the appeal hearing? This was the question faced by the Ontario Court of Appeal in R. v. Brownson, 2013 ONCA...more
In a unanimous en banc decision, the Superior Court of Pennsylvania held on November 12 in In re Estate of William O. Smaling, No. 3353 EDA 2011, that filing exceptions to a Pennsylvania Orphans’ Court order is not necessary...more
Jury instructions form the foundation for fairness in criminal proceedings. A panel of your peers convenes to make decisions about your guilt or innocence in a case. The jury hears the facts, reviews the evidence and analyzes...more
The American Arbitration Association (AAA) has released new rules establishing an optional appeals process for parties involved in arbitration. Effective November 1, 2013, the Optional Appellate Arbitration Rules (Rules)...more
In one of the first decisions issued this term, the Rhode Island Supreme Court confirmed in Wyso v. Full Moon Tide, LLC, No. 2012-195-Appeal; 2012-359-Appeal that neither property owners nor lessees of real property owe a...more
1. Florida’s “two-issue rule” generally holds that an appellant cannot show reversible error when an error relates to one claim or defense and the verdict does not reveal whether the appellee prevailed on that basis or...more
You may remember the case of Out of the Box Developers, LLC v. Logicbit Corp. It has spawned a couple of interesting discovery decisions. One was on subpoenas to third parties, another involved nearly $40,000 in sanctions for...more
New Jersey has become the 14th state to recognize same-sex marriage after its state Supreme Court denied a last-ditch appeal from Gov. Chris Christie's administration to delay recognition of such marriages.
Recently, numerous clients have come to me asking whether they have the right to appeal straight to the Office of Administrative Appeals or whether they have to attend informal appeals first, whether the informal appeal is...more
In response to the wave of strike suits filed outside Delaware in connection with mergers and acquisitions and executive compensation matters, boards of some Delaware corporations adopted exclusive forum bylaws. Those bylaws...more
As discussed below, on June 25, 2013, the Delaware Court of Chancery upheld the facial validity of forum selection bylaws unilaterally adopted by the boards of directors of Chevron Corporation and FedEx Corporation. Last...more