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Felicello Law PC

Writing to Win: What Makes an Effective Appellate Brief

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In civil litigation, the trial court’s judgment is often not the last word. If you lose at that the trial court, you may still have a chance to prevail if you can convince the appellate court that the trial court judge...more

Law Office of Jason Ostendorf

The Appellate Courts Are Watching: Why You Need Appellate Eyes on Your Trial Team

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

Ward and Smith, P.A.

Dangerous Traps in the Fourth Circuit: Three Easy Ways to Lose an Issue on Appeal

Ward and Smith, P.A. on

Whether you're the appellant or the appellee, knowing when an argument is properly preserved goes a long way. The United States Court of Appeals for the Fourth Circuit publishes very few opinions, so finding a roadmap for...more

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

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

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

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