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Litigation Strategies Appellate Briefs Appeals

Ogletree, Deakins, Nash, Smoak & Stewart,...

5 Issues for Every Trial Lawyer, From the Appellate Perspective

Trying to win cases is hard enough, but one thing to think about is that a case may not end at trial. There may be an appeal. And when there is an appeal, what happened at trial will be critical....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

Carlton Fields

The Ten Commandments of Writing an Effective Appellate Brief

Carlton Fields on

It is basic, but critical, to persuade the court that the result you seek is the right result. The court has to feel good about ruling in favor of your client. As Judge Gurfein of the Second Circuit aptly stated, “It is still...more

Carlton Fields

Openings in Appellate Oral Arguments

Carlton Fields on

You are on your feet at the podium and you have told the appellate panel who you are and whom you represent. What is the first substantive thing you should now tell the court (always assuming you get that opportunity before...more

McManis Faulkner

The Appellate Oral Argument

McManis Faulkner on

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

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

Carlton Fields

Three Ways To Annoy An Appellate Court Clerk – And Jeopardize Your Appeal

Carlton Fields on

Appellate advocates should write briefs that make life easier for law clerks and judges. That will increase their chances of prevailing on appeal. With that in mind, we recently conducted an informal survey of our firm’s...more

Robinson+Cole Massachusetts Appellate Blog

What to Know about the Proposed Amendments to Local Rule 25.0 and E-Filing in The First Circuit Court of Appeals

The First Circuit Court of Appeals recently released its proposed amendments to Local Rule 25.0, governing the use of electronic document filing (“e-filing”). While Many of the proposed amendments incorporate familiar aspects...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

Best Best & Krieger LLP

Errors on Appeal — Too Many Issues

Decisions across the U.S. identify, as one example of “bad appellate advocacy,” presenting too many issues on appeal. The Seventh Circuit applied those words to a brief that presented “12 issues for review—many with...more

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