A Texas Legislative Postmortem | Jerry Bullard | Texas Appellate Law Podcast
Appellate Practice Perspectives: Representing the State | John Messinger | Texas Appellate Law Podcast
For those waiting to see whether the Pennsylvania Supreme Court would clarify the law on consumer assent to online arbitration agreements in Chilutti v. Uber Technologies, Inc., its January 21 opinion was anticlimactic....more
If you've recently lost a personal injury lawsuit or arbitration case in California, you might be interested in filing an appeal. However, the process can be a little complicated, especially if this is your first time dealing...more
U.S. Eleventh Circuit Court of Appeals - USA v. Rodgers - Fifth Amendment, right to silence - Hughes v. Locure - § 1983, qualified immunity - USA v. Ott - sentencing - Lewis v. Fulton Cnty Sheriff - blind inmate,...more
Join us Thursday, February 12, from 2 to 3 p.m. EST for our webinar, “§ 1983 Qualified Immunity Appeals: Procedure and Strategy.” During this webinar, our presenters will discuss: what is § 1983 liability; scope of § 1983...more
Under the Michigan Court Rules, a party who has failed to timely file a claim of appeal (or application for leave to appeal if the judgment or order was not appealable as of right) has the option of filing a late appeal....more
U.S. Eleventh Circuit Court of Appeals - USA v. Jones - rehearing, drug trafficking, evidence, closing arguments, misconduct, Miranda - Renco v. Napoli Shkolnik - § 1782 discovery, protective order, foreign activities...more
Litigation looks like a single continuum from filing to verdict, but it isn’t. Trial and appellate practice are not merely different phases of the same work; they are different crafts with different habits, incentives, and...more
The Texas Supreme Court recently wrapped up the 2025 part of its 2025-26 term, and based on raw opinion numbers, the Court’s pace slightly lags its most recent prior terms....more
MICRON TECHNOLOGY INC. v. LONGHORN IP LLC - Before Lourie, Schall, and Stoll. Appeal from the United States District Court for the District of Idaho. Immediate appellate review may be unavailable for interlocutory bond orders...more
The US Court of Appeals for the Federal Circuit reaffirmed strict limits on interlocutory review, finding that a bond order, even one imposing significant financial obligations, is not directly appealable....more
With the recent expansion of the scope of the jurisdiction of the Court of Appeals of Virginia to ensure a right of appeal in most civil and criminal cases, many litigators well versed in trial work may find themselves...more
U.S. Eleventh Circuit Court of Appeals - No decisions this week - Florida Supreme Court - Tallahassee - Colley v. State - capital case, postconviction relief...more
U.S. Eleventh Circuit Court of Appeals - USA v. Day - sentencing - Mullin v. Dep’t of Vet Affairs - employment, Rehabilitation Act - Mukhina v. Walmart - employment, Title VII, evidence, remedy exhaustion...more
A recent decision from the Illinois Appellate Court, First District reinforces the simple but unforgiving truth for litigants seeking to appeal: when a judgment order appears on the electronic docket, the clock starts, and a...more
Oral argument occupies a privileged place in appellate mythology. It is often described as the moment when judges engage counsel, probe weaknesses, and decide close cases. In modern appellate practice, however, that...more
U.S. Eleventh Circuit Court of Appeals - Settle v. Collier - § 1983, qualified immunity - Fairfield So v. OWC - Black Lung Benefits, statutory interpretation, underground mine - USA v. Cremades - drug distribution,...more
In a 2022 decision, Badgerow v. Walters, the U.S. Supreme Court held that under Sections 9 and 10 of the Federal Arbitration Act (FAA), a federal court may exercise jurisdiction over post-award motions to confirm or vacate...more
As a general rule, the scope of appellate review is limited to issues that were raised by the parties and ruled on by the trial court. As a result, appellate courts often refuse to rule on issues that are raised for the first...more
In a recent decision, the British Columbia Court of Appeal provided important clarification regarding the deadlines for filing appeals of arbitral awards under the Arbitration Act, SBC 2020, c 2. The Court determined that the...more
Harmless error is one of the most frequently invoked doctrines in appellate law—and one of the least scrutinized. It was designed as a tool of restraint, preventing new trials for inconsequential mistakes....more
Trial judges often invoke a familiar line when pressed for the reasoning behind a close call: “That’s within my discretion.” In theory, judicial discretion is a narrow tool for resolving issues where reasonable minds can...more
U.S. Eleventh Circuit Court of Appeals - Trump v. Clinton - rule 11 sanctions, jurisdiction - USA v. Beaufils - Medicaid fraud, evidence, sentencing, perjury - In re ATIF - bankruptcy, transfer, expert opinion...more
U.S. Eleventh Circuit Court of Appeals - USA v. Bryan - criminal trial, interference with rights, kidnapping, evidence- Koletas v. USA - FTCA, sovereign immunity waiver, Transportation Security Officers - Watson v....more
Sometimes you fall headlong into a chorus you thought you knew by heart—only to discover the bridge is where all the action is. For appellate practitioners, that action seems to be happening more and more in orders issued by...more
The US Court of Appeals for the Federal Circuit determined that it had jurisdiction over an interlocutory appeal from a district court’s denial of a California anti-SLAPP (Strategic Lawsuit Against Public Participation)...more