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Appellate Briefs

Fox Rothschild LLP

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to...

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It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the Court of Appeals did in Harney v. Harney. ...more

Ballard Spahr LLP

CFPB Appeals District Court’s Decision to Vacate Changes to UDAAP Exam Manual

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On August 8, 2024, the CFPB filed its Appellant Brief with the Fifth Circuit, appealing the September 2023 decision by the Federal District Court for the Eastern District of Texas that vacated the March 2022 changes to the...more

DRI

[Event] Appellate Advocacy Seminar - November 6th - 8th, Las Vegas, NV

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Join us in fabulous Las Vegas for a program that will benefit all attorneys involved in appeals. Sessions will include discussions on building an appellate practice, practical advice for presenting a persuasive appellate...more

Butler Snow LLP

Tips for Persuasive Legal Writing | Luther Munford | Texas Appellate Law Podcast

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Lawyers are professional writers, and the ability to write persuasively is more important than ever. In this episode, Luther Munford, an appellate expert and former law professor, joins Todd Smith and Jody Sanders for an...more

Ballard Spahr LLP

Treasury Asks the Eleventh Circuit to Uphold the CTA and Congressional Authority

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We previously blogged on the lawsuit filed by the National Small Business Association (“NSBA”) and one of its individual members, which sought to challenge the constitutionality of the Corporate Transparency Act (“CTA”). Most...more

Fox Rothschild LLP

AI And The FLSA: (Maybe) Never The Twain Shall Meet!

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There has been a great deal of controversy about the use of Artificial Intelligence (AI) in all facets of life and now the legal field. My own firm has certain very restrictive rules about lawyers using AI, especially when...more

Sherman & Howard L.L.C.

'Algorithmic Serendipity': Lessons From the World of AI Hallucination

Stories about attorneys and litigants using artificial intelligence (AI) to generate court documents have started popping up all over the country with increasingly negative results. In one of the most recent tales, a pro...more

Sands Anderson PC

Word Limits and Page Limits are Real: The Rules Against “Incorporating Arguments by Reference”

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You might think 50 pages or 12,300 words, in the Virginia Court of Appeals, or 30 pages or 13,000 words, in the federal courts of appeals, would be more than enough space for a lawyer to get out an argument. If you do, you’re...more

Ward and Smith, P.A.

Embracing Change: Strategies for Effective Legal Writing in the Digital Age

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It’s no secret that judges in North Carolina’s state and federal appellate courts don’t reach for printed briefs much anymore (the Chief Judge of the Fourth Circuit, Albert Diaz, has said that he and his colleagues routinely...more

Carlton Fields

Don’t Abandon All Hope on Appeal

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It is crucial for an appellant drafting an initial brief to adequately identify and describe all claims and issues the appellant intends to raise for appellate review. Apart from the obvious advantage of providing as much...more

Fox Rothschild LLP

Just in Time for Halloween: Has the Specter of Viar Returned?

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Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and...more

Carlton Fields

Properly Joining in an Appellate Brief Filed in a Separate Appeal

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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

Carlton Fields

The Ten Commandments of Writing an Effective Appellate Brief

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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

Oberheiden P.C.

Ten Strategies for Criminal Appeals with Federal Appeals Attorney Nick Oberheiden

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If you need to appeal the outcome of your federal criminal case, you have lots of factors to consider. While there are a variety of grounds for pursuing appeals, not all grounds are available in all cases; and, even if you...more

Fox Rothschild LLP

Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It

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The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory fashion. Not in the...more

Fox Rothschild LLP

Opinions and Orders and Options: A New Normal?

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When you hear about an appellate decision, what comes to mind? Typically, I think of a formal “opinion”—at least when the appeal has been briefed on the merits. And historically, I have thought of an “order” as a short...more

Butler Snow LLP

Legal Writing for the New Generation | Chad Baruch | Texas Appellate Law Podcast

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Any Texas attorney who has been to a legal writing CLE knows Chad Baruch of Johnston Tobey Baruch. Chad has taught countless attorneys throughout the United States how to provide engaging and analytical briefing in both trial...more

Genova Burns LLC

New Jersey Appellate Division Says Farewell to Courier New in Court Rule Updates

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​​​​​​​On August 5, 2022, the Supreme Court of New Jersey released amendments to the Court Rules governing practice in New Jersey’s state courts, which will take effect on September 1, 2022. We highlight two of the main...more

Carlton Fields

Properly Joining in a Co-Party’s Brief or Motion to Avoid Waiver Issues: Further Considerations for Fact-Specific Arguments

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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

Butler Snow LLP

Why Lawyers Should Care About Typography | Matthew Butterick | Texas Appellate Law Podcast

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Attorneys spend a lot of time choosing the right words to use in briefs and motions. But they often neglect thinking about how their words actually look on the page. Layout and typography can impact how legal work product is...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Misappropriation: Denial of Motion for Attorneys’ Fees under CUTSA is Not an Appealable Order

Whether a court order is appealable is often the first issue analyzed by appellate attorneys. An interlocutory order is an order issued by a court while a case is pending. These orders are not a final disposition of the case,...more

McDermott Will & Emery

Illinois Appellate Court Rules on BIPA Statute of Limitations

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On September 17, 2021, a panel of the Illinois Appellate Court for the First District issued a significant decision on the question of which statute of limitations apply to claims under the Illinois Biometric Information...more

Ward and Smith, P.A.

Making Your Case: Strategies for Briefing in the Supreme Court of North Carolina

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Appellate practice can be challenging - In complicated cases, it's made all the more challenging by the word limits often imposed by the pertinent rules of procedure. For example, in the North Carolina Court of Appeals,...more

Kilpatrick

Legal Writing: Font Requirements Across the Country

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Two months ago, on March 16, the D.C. Circuit issued a notice on “Preferred Typefaces for Briefs,” in which the court explicitly “discourage[d] the use of Garamond” because it “appears smaller” and is less “legible” than...more

Butler Snow LLP

Leveraging Technology to Improve Legal Writing | Ross Guberman | Texas Appellate Law Podcast

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Most legal writers know about Ross Guberman, author and founder of Legal Writing Pro. Ross was one of the first legal writing instructors to work with law firms and practitioners across the country. Ross also developed...more

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