What attracts many lawyers to appellate practice—besides an unusual appetite for legal writing and a general distaste for contentious discovery—is the confidence that fire drills and surprises rarely occur. Appellate briefing...more
The necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument. Near the end of its recent term, the Supreme...more
VECTURA LIMITED v. GLAXOSMITHKLINE LLC - Before Prost, Bryson, and Wallach. Appeal from the United States District Court for the District of Delaware Summary: Distinguishing prior art based on the structure of the...more
This week, the Ninth Circuit creates a potential circuit split on personal jurisdiction in in rem proceedings, and clarifies whether a post-judgment motion for attorneys’ fees extends the time to appeal (spoiler alert: it...more
Among the many benefits of utilizing appellate counsel at trial is that appellate counsel can assist in timely raising possible errors, and if error is not asserted when it occurs, then appellate counsel may be able to raise...more
So you just lost at trial and now you are in full-scale triage. Here are some thoughts from the Carlton Fields appellate group about what should be on your post-trial checklist. ...more
A recent Pennsylvania Supreme Court decision demonstrates how easy it can be not to preserve, or even waive, error in a trial court’s jury instructions....more
In Roberts v. Ferman, 826 F.3d 117 (3d Cir. 2016), the Third Circuit sought to clarify the circumstances in which a party forfeits arguments made in a post-trial motion by refusing to agree to reconstruct the record under...more