Many jurisdictions have rules that allow an appellate court to affirm a judgment for any reason supported by the record, regardless of the actual basis articulated by the trial court. This general rule, however, is not...more
We previously posted on Federal Rule of Appellate Procedure 28(i), which is the rule governing the adoption of part or all of another’s brief.
We initially looked at decisions addressing the burden on a party to...more
We previously wrote about the requirements for joining in a co-party’s brief or motion to avoid waiver issues. Since our original post, federal appellate courts have continued to hold that a party who seeks to adopt the...more
Joining in a co-party’s brief or motion can be cost effective, but the careful litigator should make sure to explain to the court how the other party’s arguments apply to your client. Failure to do so may result in waiver, as...more