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Rejecting Precedent: What Cases About Abortion Rights and the Sixth Amendment Teach Us About Preserving Objections to Existing...

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

Unforced Errors: Don't Leave a Ground of the Court's Ruling Unchallenged

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

Form Over Substance? High Court Agrees to Take a Look at an Old Fifth Circuit Rule Requiring Formal Objection

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

From De Novo To Clear Error: Don't Risk Your Standard Of Review When Objecting To A Magistrate's Report

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

Quick Trial Checklist

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. ...more

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