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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...

Fox Rothschild LLP on

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

Carlton Fields

Properly Joining in an Appellate Brief Filed in a Separate Appeal

Carlton Fields on

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

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

Carlton Fields on

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

McDermott Will & Emery

Fiesta’s Over for Trademark Claims Without Proof of Secondary Meaning

McDermott Will & Emery on

The US Court of Appeals for the First Circuit found that it had jurisdiction despite an arguably improper notice of appeal, and that the trademark owner waived its right to submit new evidence and failed to prove that the...more

Robins Kaplan LLP

New Lower Word Limits for Briefs Have Arrived at Most (But Not All) Federal Courts of Appeal

Robins Kaplan LLP on

On December 1, 2016, a set of rule amendments to the Federal Rules of Appellate Procedure became effective. The amended rules and details of the amendments can be found on the Eighth Circuit’s webpage, available at...more

Butler Snow LLP

Pithy Briefs to Become Procedural Mandate: The FRAP 32 Limit Loses 1,000 Words

Butler Snow LLP on

Federal Rule of Appellate Procedure 32 currently restricts principal briefs to 14,000 words apiece, but that limit will soon diminish to 13,000. For non-lawyers such a change may seem inconsequential. After all, as the...more

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