Focus Groups as a Trial-Preparation Tool | Elizabeth Larrick | Texas Appellate Law Podcast
Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast
Navigating Federal Tort Claims on a National Scale | Tom Jacob | Texas Appellate Law Podcast
Tackling Bullying in the Legal Profession | Scott Stolley | Texas Appellate Law Podcast
A Longtime Trial Judge’s View from the Appellate Bench | Justice Gisela Triana | Texas Appellate Law Podcast
Supersedeas and Other Recent Rule Changes | Texas Appellate Law Podcast
Reflections on 100 Episodes | Texas Appellate Law Podcast
Four Decades of Appellate Practice | Luther Munford | Texas Appellate Law Podcast
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
On June 11, 2024, Governor Greg Abbott appointed the three inaugural justices for the new Fifteenth Court of Appeals, which will hear appeals from business courts statewide....more
Preparation is the key to winning at trial, and focus groups are a powerful tool for ensuring that a case is trial-ready. In this episode of the Texas Appellate Law Podcast, hosts Todd Smith and Jody Sanders visit with...more
As civil trials become more expensive and less frequent, proactive attorneys should look for ways to streamline or end their cases before trial. Luckily, both Texas statutes and court rules provide some helpful tools. In this...more
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
In Ross v. Venerable Insurance & Annuity Co., a Missouri appellate court reversed judgment in favor of the named beneficiary of a flexible premium deferred annuity contract. Following the annuitant’s death, the beneficiary...more
In this episode, seasoned appellate practitioner Scott Stolley sits down with Todd Smith and Jody Sanders to confront the issue of bullying in the legal profession. Scott explores the multifaceted nature of bullying, from...more
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
One of the first questions I receive when chatting with a prospective client or a new client is: “Well, what happens after we file an appeal? Do I have to do what the judgment says I need to do?” My answer, of course, depends...more
If you handle appeals in North Carolina, you need a copy of the Style Guide. This guide is put together by the state’s Appellate Rules Committee and updated regularly. I’ve had to handle appeals in other states, where I...more
Legislative session years in Texas always bring uncertainty into legal practice. When the Legislature passes new laws impacting courts, the Texas Supreme Court has to make rules to give those laws effect. This week Todd Smith...more
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
The Law Court’s decision in Fournier v. Flats Industrial, Inc., issued last week, provides a stark reminder of the importance of attention to the deadlines for filing an appeal of a final judgment. The Law Court treats the...more
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
Sometimes due to factors out of our control, we are faced with having to file an appeal from a final judgment after the appeal period has already passed. Is this allowed? Sometimes. Is all hope lost? Not necessarily. Here are...more
As an appellate lawyer with considerable experience in both state and federal appellate courts, I often receive calls from colleagues who are either in the midst of trying a case, or who have just received a decision or...more
This week, co-hosts Todd Smith and Jody Sanders celebrate the Texas Appellate Law Podcast’s 100th episode! When they started the podcast just before the pandemic hit in 2020, neither of them could have imagined how much they...more
As part of a larger set of articles on appellate practice inspired by the Court of Appeals of Virginia taking on an expanded role, this article will discuss the often-overlooked but important topic of appeal bonds....more
Virginia appellate jurisdiction experienced a seismic transformation beginning on January 1, 2022. As of this date, the jurisdiction of the Virginia Court of Appeals has drastically expanded to include an appeal of right for...more
In Article VI of the Constitution of Virginia, the judicial power of the Commonwealth is vested in the Virginia Supreme Court and in “other courts of original or appellate jurisdiction subordinate to the Supreme Court as the...more
Evans v. Evans has rightly received attention for its helpful discussion of when notice by publication is permitted. Less prominently featured, but as important for appellate practitioners, is the Supreme Court’s discussion...more
Over the last several decades, appellate practice has transitioned from a part of general legal practice into its own discrete specialty. Luther T. Munford, an attorney in Butler Snow LLP’s appellate and written advocacy...more
The North Carolina Court of Appeals Disagrees on the Standard of Review of the Industrial Commission’s Jurisdiction - North Carolina appellate courts do not judge the credibility of witnesses or weigh evidence. That is,...more
En banc proceedings are a central feature of the Ninth Circuit, which regularly revisits its panel decisions. Ninth Circuit en bancs come with a special twist: the uncertainty of which judges will hear the case. Given the...more
Last year, I blogged about State v. Ellis where a passing motorist gave a Highway Patrol trooper the middle-finger salute and was arrested for his trouble. A divided Court of Appeals allowed the defendant’s conviction to...more