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Litigation Strategies Final Judgment

Fisher Phillips

SCOTUS Ruling Expands Path for Plaintiffs to Revive Dismissed Lawsuits: What Employers Need to Know

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A new Supreme Court decision just made it easier for employees to revive lawsuits they voluntarily dismissed – in some cases, even after the statute of limitations has expired. In Waetzig v. Halliburton Energy Services, the...more

Pierce Atwood LLP

Beware the Deadline: Pending Motions and Entry of Final Judgment

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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

Pullman & Comley, LLC

I Missed the Appeal Period. What Do I Do? Filing a Late Appeal

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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

Pullman & Comley, LLC

How Do I Get More Time to File My Appeal?

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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

Pullman & Comley, LLC

When Can I File an Appeal?

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When Can I File An Appeal? The short answer to this question is that, in most cases, you can only file an appeal from a final judgment. P.B. § 61-1; State v. Curcio, 191 Conn. 27, 30 (1983) (“The statutory right to...more

Freeman Law

What is a Collateral Attack?

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Judgments can generally be attacked through either a direct or collateral attack.  A collateral attack, as opposed to a direct attack, does not attempt to secure a corrected judgment; rather, it involves an attempt to avoid...more

Butler Snow LLP

Tennessee Supreme Court Clears Way for Appeals Despite Trial Courts Reserving Ruling on Attorney’s Fees

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In unanimously holding that a bank was not shielded from liability after removing a joint tenant with right of survivorship from accounts without his consent, the Tennessee Supreme Court dropped a lengthy footnote resolving...more

Carlton Fields

Objection, Interrupted

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It’s a cardinal rule that to preserve an argument at trial, counsel must make a contemporaneous objection. Even cardinal rules, however, have their exceptions....more

Butler Weihmuller Katz Craig LLP

Don't Win The Battle And Lose The War: Preserving Error For Appeal (And Why You Need An Appellate Lawyer)

Errors will happen during litigation and at trial. They are simply inevitable. Many of them will be harmless. But when the error is harmful, a trial lawyer’s nightmare is finding out (too late) that the error was not...more

Carlton Fields

Contemplating Cross-Appeals – When “Winners” Need to Appeal

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One preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal. An appellee/respondent who is not entirely successful in the trial court may challenge an unfavorable...more

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