On October 3, 2025, a Proskauer team filed an amicus brief on behalf of 26 juvenile justice advocacy organizations in support of Errick Guerrero’s appeal to the New York Court of Appeals of the lower courts’ decision to...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 equitable defense of acquiescence, which rests upon the equitable doctrine of election, is available to a trustee if a beneficiary, fully apprised of all the relevant facts and law, of full age and legal capacity, and...more
In 1904, North Carolina Supreme Court Justice Robert M. Douglas wrote a separate opinion in a case called Westbrooks v. Wilson, 135 N.C. 400, expressing some reservations about the majority’s opinion. He signed his opinion...more
Tsering v. Fifth Ave. Foods, LLC, 236 A.D.3d 703 (N.Y. App. Div. 2025) - On appeal, the Supreme Court of New York, Appellate Division reversed a trial court’s order granting summary judgment on the issue of liability because...more
Yesterday, the Supreme Court of North Carolina amended Appellate Rule 36(b) to conform with the General Assembly’s recent amendment to N.C. Gen. Stat. § 1-283. Under the Appellate Rules and by statute, settling the record...more
On August 5, 2025, the Virginia Court of Appeals addressed the finality of court orders and the limits of appellate jurisdiction. While the decision was made in the context of a Virginia Freedom of Information Act (“VFOIA”)...more
Sivak v. Chrzanowski, 2025 WL 366090 (N.J. Super. Ct. App. Div. Feb. 3, 2025) - On appeal, the Superior Court of New Jersey, Appellate Division affirmed a trial court’s order denying the plaintiff’s motion for a new trial,...more
AliveCor, Inc. v. Apple, Inc., No. 23-1512 (Fed. Cir. 2025) – On March 7, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review (“IPR”) decisions invalidating all claims of three AliveCor...more
On February 7, 2025, Texas Supreme Court Chief Justice James D. Blacklock asked the Supreme Court Advisory Committee (the “Committee”) to “study and make recommendations on eliminat[ing] [ ] the Court’s current practice of...more
The New Rules and accompanying Practice Directions of the JCPC are now in force. All JCPC appeals filed on or after 2 December 2024 will be subject to the New Rules....more
Addressing the issue of obviousness, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision, finding that the challenged patent claims were obvious because a person of ordinary skill...more
The ’903 patent, entitled “Correlating Packets In Communications Networks,” discloses a computing system that can identify and correlate packets (“small segments that together make up a larger communication”) received and...more
A version of this article was previously published in the Michigan Defense Quarterly, Vol. 41, No. 1 (2024). It is well-established that consent judgments and orders are not appealable, so parties should always be cautious...more
Section 363(m) of the Bankruptcy Code offers powerful protection for good-faith purchasers in bankruptcy sales because it limits appellate review of an approved sale, irrespective of the legal merits of the appeal....more
Is Texas at “war”? And, if so, may Texas take immigration enforcement into its own hands in “self-defense”? These are among the provocative questions raised by United States v. Texas . Texas may not like the answers it’s...more
Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to...more
One of the more well established appellate doctrines in Michigan is that a claim of error generally won’t be considered on appeal unless it is preserved in the trial court. That isn’t necessarily the case in criminal...more
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
On August 10, 2023, the U.S. Court of Appeals for the First Circuit affirmed the U.S. District Court for the District of Puerto Rico’s decision declaring Law 41-2022 null and void ab initio....more
On June 23, the U.S. Supreme Court held that federal district courts must stay all proceedings pending appellate review of an order denying a motion to compel arbitration. Coinbase, Inc. v. Bielski, 599 U.S. ___, 2023 WL...more
Key Points: A recent Superior Court case found the filing of an unsuccessful motion in limine to preclude a prior conviction does not preserve the issue on appeal if the defendant strategically chooses to then introduce the...more
Although appellate courts are generally obligated to address the issues that are properly brought before them, that is not the case when it comes to issues that have been rendered moot by subsequent developments—either in the...more
Brief Summary - An intermediate appellate court in Illinois held that defendant forfeited appellate review of expert testimony admitted at trial because he failed to file a post-trial motion on the issue. However, the...more
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