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Appellate Rules 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...

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Kilpatrick

Legal Writing: Font Requirements Across the Country

Kilpatrick on

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

Morrison & Foerster LLP - Federal Circuitry

Starting 2021 With a Tip

We decided to start the new year off with a little practice pointer. We noticed that the Court rejected a brief today (not ours) for failing to comply with several rules. One basis for the rejection is a rule that often is...more

K&L Gates LLP

Distressed Solutions: Preparing For and Dealing With Appeals

K&L Gates LLP on

Appeals happen. Maybe you won in the trial court and the other side wants to challenge, or maybe you lost (but that must have been a mistake, right?). Either way, you need to preserve your arguments and prepare for an appeal...more

Jaburg Wilk

What Exactly is That Rule About Unpublished Decisions and Can’t We Cite Them Now?

Jaburg Wilk on

For writers of any legal briefs, there is hardly anything more frustrating than finally finding a case on point, in our jurisdiction, with a “correct” holding to support our argument, but unpublished. More than 85% of 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

Carlton Fields

Legalizing the Appellate Introduction

Carlton Fields on

In polite society, it is rude not to introduce yourself, but if you are writing a brief to a Florida appellate court, the issue is complicated. The rule describing the required content of a brief does not describe an...more

Foley & Lardner LLP

Seventh Circuit Chastises Lawyer for Raising Too Many Issues on Appeal (Among a Litany of Other Missteps)

Foley & Lardner LLP on

Not much went right for the plaintiffs’ lawyer in the Seventh Circuit’s decision yesterday in Pierce v. Visteon Corp., No. 14-2542 (7th Cir. July 1, 2015), but the opinion provides a few good lessons for appellate...more

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