Your firm is five years into a bet-the-company suit. Trial has come and gone, and multiple parties have appealed. After a week of intense negotiations, you send a mass email to your team: “Pencils down everyone! We’ve...more
It is basic, but critical, to persuade the court that the result you seek is the right result. The court has to feel good about ruling in favor of your client. As Judge Gurfein of the Second Circuit aptly stated, “It is still...more
Florida’s Second District Court of Appeal recently issued an interesting and important decision on personal jurisdiction in today’s commercial world. Kapila v. RJPT, Ltd., Case No. 2D22-837 (Fla. 2d DCA Feb. 17, 2023)....more
Should an attorney always seek to have an opponent's late-by-a-few-minutes filing stricken in order to pursue the timing issue? No, according to Judge R. David Proctor, who recently issued a caustic order in Whitworth v....more
Those of a certain age will recall “The Perils of Pauline,” but a recent Florida appellate decision demonstrates that the “failure to facilitate a meeting of the minds on a pretrial argument is perilous.” Jones v. Blue Ridge...more
A recent 104-page opinion from the Eleventh Circuit Court of Appeals in Carrizosa v. Chiquita Brands International Inc. provides a tutorial on a wide variety of federal evidentiary, summary judgment, expert, and preservation...more
Although decided under Florida’s new summary judgment rule, which tracks the federal rule in large part, but not entirely, a recent decision of Florida’s Fourth District Court of Appeal offers important warnings to all...more
Seldom in the law is there a last word on any topic, but the Eleventh Circuit’s latest word in United States v. Campbell on appellate forfeiture and waiver principles by the en banc court is comprehensive and important....more
A Florida appellate court recently wrote to reiterate the difference between (1) the evidentiary burden of proof for a party in the trial court and (2) the appellate standard of review. The distinction was dispositive of the...more
The First Circuit recently reminded litigants what is or, perhaps, is not, required to preserve the right to file a renewed judgment as a matter of law. Under Federal Rule of Civil Procedure 50(a), before the case is...more
As the Supreme Court has been debating judicial adherence to the doctrine of stare decisis recently, it bears remembering that litigants seeking a change in the law applicable to their case should make sure to preserve that...more
The Florida Legislature recently amended Florida Statutes section 26.012 and, in so doing, eliminated circuit court jurisdiction over most county court appeals. Effective January 1, 2021, most county court rulings will now be...more
No matter how good the technology is, a virtual appellate oral argument is different from a live one. No matter how good an oral advocate you are, your virtual argument likely will not be quite as effective as a live one. But...more
I constantly preach the need to read the whole case once you find that wonderful sound bite by a computer search. But I recently came across some research indicating that jurors follow admonitions in the court’s instructions...more
We have previously explained the importance of appealing every aspect of a trial court's order granted on multiple, independent grounds. The Eleventh Circuit recently reminded us of that, but also that in opposing motions at...more
A recent grant of certiorari will determine whether formality should prevail over the reality of what the trial court unquestionably knows. On June 3, 2019, the Supreme Court granted certiorari in Holguin-Hernandez v. United...more
The Ninth Circuit recently questioned several appellate lawyers about misleading statements in their briefs, including quotes from cases with ellipses, thereby omitting the very language that showed the quote and case were...more
You are on your feet at the podium and you have told the appellate panel who you are and whom you represent. What is the first substantive thing you should now tell the court (always assuming you get that opportunity before...more
Everyone fears getting a question during oral argument that they don’t know the answer to or that only has an answer not helpful to their position on appeal....more
Appellate advocates should write briefs that make life easier for law clerks and judges. That will increase their chances of prevailing on appeal. With that in mind, we recently conducted an informal survey of our firm’s...more
Clients should not be cheerleaders when they review drafts of appellate briefs. They should take steps to make the brief more effective from the judges’ viewpoint. Asking the following questions as they review their lawyers’...more
The United States Supreme Court recently clarified that cases consolidated under Rule 42(a) of the Federal Rules of Civil Procedure retain their independent identities “at least to the extent that a final decision in one is...more
Most attorneys know that failing to contemporaneously object to an adverse ruling can subject the issue to a more stringent standard of review on appeal. For example, failing to object below to a ruling of law means that,...more
Emails can create many problems for litigants and their lawyers, but a recent appellate decision in Florida demonstrates yet another peril: proper service, and thus preservation, of demands for sanctions....more
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more
2/17/2017
/ 7-Eleven ,
All Natural ,
Anheuser-Busch ,
Beer ,
Chipotle Grill ,
Class Action ,
Class Certification ,
CLRA ,
Coca Cola ,
Dole Food ,
False Advertising ,
Fast-Food Industry ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Meat Inspection Act (FMIA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Supply ,
GMO ,
Grocery Stores ,
Injunctive Relief ,
Kraft ,
Lanham Act ,
Manufacturers ,
Monster Energy Drinks ,
Natural Products ,
Nutritional Supplements ,
Personal Care Products ,
PETA ,
Popular ,
Poultry Products Inspection Act (PPIA). ,
Preemption ,
Putative Class Actions ,
Restaurant Industry ,
Slack-Fill Suits ,
Starbucks ,
Unfair Competition Law (UCL) ,
Whole Foods ,
Wine & Alcohol