Podcast - Walking Tall
Bar Exam Toolbox Podcast Episode 317: Spotlight on Torts (Part 2 – Intentional Torts)
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Podcast - The Seeds of Corruption
Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks
Feeling Disillusioned with AI? You’re Not Alone
Current Regulatory, Legislative, and Litigation Developments on ADA Website Accessibility for Consumer Finance Digital Platforms — The Consumer Finance Podcast
Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time
The Trend of Threatening Physicians for Personal Gain
Podcast - Seek Out Feedback
The Three C’s for Addressing Prior Inconsistent Statements
Podcast - Part II: Being an Expert Is a Lonely Business
Understanding Discovery in Commercial Litigation
Follow the Rules … Most of the Time
Bar Exam Toolbox Podcast Episode 313: Spotlight on Criminal Law (Part 3)
Divorce Fees: When Your Spouse Might Have to Pay
Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included
Podcast - Part I: Being an Expert Is a Lonely Business
The trial is over. The jury has spoken – or the judge has ruled – and the outcome wasn’t what you hoped. Now what? At that moment, many litigants turn to the idea of an appeal as a second chance, a do-over. It’s important...more
For high-stakes litigation, waiting until after an adverse verdict to engage appellate counsel can be a costly mistake. Traditionally, clients didn’t think about an investment in appellate counsel until after a final...more
Trial lawyers often think of appellate issues as something to deal with after the verdict. But by the time a case gets to appeal, much of the damage—or success—has already been baked into the record....more
Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions includes a...more
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
Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get...more
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
Trials happen fast. Trial counsel are rightly preoccupied with preparing to give opening statements or closing arguments, preparing to examine or cross-examine witnesses, or simply keeping track of admitted exhibits....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
It may seem odd to have an appellate lawyer participate during a trial. But a new decision from the Michigan Court of Appeals shows that a second set of eyes, with a view toward appeal, can benefit both clients and lawyers at...more
Whether it’s during a deposition or during trial, the job of preserving errors for judicial review is a vital part of the litigator’s professional obligation to his or her client. Many trial outcomes turn on evidentiary...more
We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more
The importance of watching for and properly preserving issues for appeal cannot be understated. This is especially true in high stakes cases involving significant exposure or those having significant precedential value where...more
The equitable doctrine of judicial estoppel prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding. Generally, the doctrine is raised by a...more
The Appellate Court: An exciting forum of oral advocacy; a check on the process and the decisions of our trial courts; a second chance for parties to make their case; and a place where novel and important legal principles...more
This checklist is intended as an overview to help trial lawyers preserve the record for appeal. It is not exhaustive of all steps necessary to preserve error in every situation. Certain rules may vary by state/federal...more
In September, the Appellate Division of the Supreme Court of the State of New York implemented new statewide practices rules that apply in each of New York’s four judicial departments. ...more
During a judicial career that spanned more than 25 years, Carlton Fields Shareholder Peter Webster presided over numerous jury trials as a circuit judge and authored hundreds of appellate opinions following his appointment to...more
Claim analysis and pre-trial preparation can sometimes become so focused on determining what the law is that lawyers lose sight of our ability to change that law. In some cases, that means discovering and arguing new legal...more
What do we expect of our leaders? If you think about it in a political context, and if you get past your initial cynical thoughts about self-interest and corruption, then perhaps what you hope for is that our leaders make...more
Challenging an adverse judgment on appeal is an uphill battle from the start. A major part of winning an appeal requires demonstrating that an error occurred and confirming that the error was properly raised in the trial...more
To win, trial lawyers must master the art of persuasion. But when they lose, they are tested by their mastery of the art of preservation. As standards of review in appellate courts have become increasingly demanding,...more
An appeal is neither a chance to retry a case nor a time to develop new legal theories. A successful appeal depends on careful planning and extensive knowledge of the appellate process, as well as a meritorious legal...more
In Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to a proposed jury instruction, as...more
This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. ...more