Appellate Advocate -- Spring 2012

McNees Wallace & Nurick LLC
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In This Issue:

“Did you know? Obscure appellate quirks” and “Recent appellate decision: What kind of “breakdown” in court operations will toll the appeal deadline?”

Excerpt from “Did you know? Obscure appellate quirks”

In our firm’s appellate work, there are many rules and issues that we see and address repeatedly. Recently, however, we have seen a few unusual appellate quirks that do not show up very often. We thought we would share some of the more interesting quirks.

What do you mean there is no appeal?

Cases filed in the state trial courts are often removed by the defendant to federal district court when the federal courts appear to have subject matter jurisdiction. Did you know, however, that if a federal district court decides that it lacks subject matter jurisdiction and remands the case to state court, the defendant cannot appeal the district court’s decision to the federal court of appeals?

The United States Judiciary and Judicial Procedure Code states that...

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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