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Ward and Smith, P.A.

Dangerous Traps in the Fourth Circuit: Three Easy Ways to Lose an Issue on Appeal

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Whether you're the appellant or the appellee, knowing when an argument is properly preserved goes a long way. The United States Court of Appeals for the Fourth Circuit publishes very few opinions, so finding a roadmap for...more

Chartwell Law

Where Appeals Begin

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I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

5 Issues for Every Trial Lawyer, From the Appellate Perspective

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Trying to win cases is hard enough, but one thing to think about is that a case may not end at trial. There may be an appeal. And when there is an appeal, what happened at trial will be critical....more

Butler Snow LLP

Navigating Federal Tort Claims on a National Scale | Tom Jacob | Texas Appellate Law Podcast

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Suing the federal government can be a daunting task. In this episode, Todd Smith and Jody Sanders sit down with Tom Jacob, a partner at National Trial Law in Austin, Texas, to discuss the intricacies of litigating cases under...more

Butler Snow LLP

A Longtime Trial Judge’s View from the Appellate Bench | Justice Gisela Triana | Texas Appellate Law Podcast

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Few Texas judges have seen the courtroom from as many perspectives as Third Court of Appeals Justice Gisela Triana. From a practitioner, to a municipal judge, to a trial court judge on various benches, Justice Triana has...more

Carlton Fields

Asking for Oral Argument in the U.S. Courts of Appeals

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In many federal courts of appeals, the statement on oral argument occupies a prime position in a brief. It is often the first substantive statement a judge reads. Yet so few advocates use this valuable “real estate” to...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

Butler Weihmuller Katz Craig LLP

Trial Lawyers, Don't Lose Your Appeal

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September 6, 2022 Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible. The recent amendment to Florida Rule of Civil Procedure 1.530(a), issued...more

Fox Rothschild LLP

Enjoy With A Glass Of Lemonade: Court Of Appeals Summer Appellate Seminar

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COVID-19 interrupted the plans of many North Carolina law students. In-person classes (Cancelled). Students (Sent home). Summer internships (Postponed, shortened, or cancelled). In the midst of these upheavals, the...more

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