News & Analysis as of

Trial Attorneys Appellate Courts

Morrison & Foerster LLP - Federal Circuitry

How Often Do Federal Circuit Judges Sit 2022?

Early last year we took a look at how often Federal Circuit judges sit. A lot has happened since then, including two new judges joining the court. Below is an updated chart showing data through the August 2022 sitting...more

Butler Weihmuller Katz Craig LLP

Trial Lawyers, Don't Lose Your Appeal

September 6, 2022 Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible. The recent amendment to Florida Rule of Civil Procedure 1.530(a), issued...more

Sands Anderson PC

Can Appellate Courts Take Judicial Notice of Facts Not Otherwise in the Record? Sometimes.

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Sometimes oral argument in a case highlights oddities of the work we do. That happened today in the Virginia Supreme Court in LaRock v. City of Norfolk. Can an appellate court in a particular case go outside the appellate...more

Butler Snow LLP

Serving as Appellate Counsel on a Trial Team | Kirk Pittard | Texas Appellate Law Podcast

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Sometimes an appellate attorney’s most important work never reaches an appellate court. Appellate counsel can play a critical part in trial court proceedings—helping make a record, making legal arguments, and assisting trial...more

Butler Snow LLP

A Texas Legislative Postmortem | Jerry Bullard | Texas Appellate Law Podcast

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This week, Todd Smith and Jody Sanders welcome back Jerry Bullard, an attorney at Adams, Lynch & Loftin, PC, for a rundown on new statutes from the Texas Legislature’s regular and special sessions that affect trial and...more

Morrison & Foerster LLP - Federal Circuitry

When Do Federal Circuit Judges Sit?

A couple weeks ago we wrote about how often Federal Circuit judges sit in a given year (see How Often Do Federal Circuit Judges Sit?). Spoiler: they sit a lot. In that post, though, we looked at the data for each judge...more

Morrison & Foerster LLP - Federal Circuitry

How Often Do Federal Circuit Judges Sit?

Since we’re all about data at Federal Circuitry, we thought we’d take a quick look at what our data show about how often Federal Circuit judges sit each year.  To quantify that, we looked at how many different panel days each...more

McDermott Will & Emery

Lawyers and Judges Battle over COVID-19

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Requests for COVID-19-related trial delays can lead to strife between lawyers and judges—and crazy things can happen. We see this most recently in San Bernadino, California, where a civil jury trial has been interrupted in...more

Morrison & Foerster LLP - Left Coast Appeals

Know Your Ninth Circuit Panel: Who Gets Invited?

Last week, we noted that the Ninth Circuit’s visiting judges together perform the work of roughly 6 additional Ninth Circuit judges. But who, exactly, secures an invite to help serve as these supplemental members of the Ninth...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 3-7): Will Pacer Downloads Become Free? (Spoiler: Nope)

Last week was Court week, and some of the Rule 36s in argued cases have already come down. Below we give our usual week’s statistics and case of the week—our highly subjective selection based on whatever case piqued our...more

Morrison & Foerster LLP - Left Coast Appeals

Know Your En Banc Ninth: Who's On It?

En banc proceedings are a central feature of the Ninth Circuit, which regularly revisits its panel decisions. Ninth Circuit en bancs come with a special twist: the uncertainty of which judges will hear the case. Given the...more

Butler Weihmuller Katz Craig LLP

Butler's Thursday Tips #5 | What is Appellate Law?

Partner Anthony Russo offers insights on the practice of Appellate law. Stay tuned to find out more helpful tips! #ButlerLegal #ThursdayTips #ThursdayThoughts ...more

Seyfarth Shaw LLP

The Curve Has Flattened for Federal Website Accessibility Lawsuits

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We’ve sheltered in place and finished our tally. The numbers are in for total website accessibility lawsuit filings in federal courts in 2019, they show a small decrease from 2018....more

Dechert LLP

COVID-19: Update on Managing Civil Litigation During Coronavirus Shutdown

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As we previously observed, the outbreak of the novel coronavirus (COVID-19) has created substantial disruption and uncertainty with respect to civil litigation management. Since we last reported on March 19, 2020, federal and...more

Pierce Atwood LLP

COVID-19 and Appellate Practice: A Maine Update

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I recently wrote about the orders affecting appellate practice during the COVID-19 pandemic, noting the importance of staying up to date with current developments. While those developments continue at a relentless pace,...more

Fox Rothschild LLP

Fourth Circuit Issues Public Advisory For Operating Procedures In Response To COVID-19

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The Fourth Circuit this morning joined a growing list of courts that have issued public advisories and instructions regarding operations during this unprecedented time. This includes the closing of the Powell Courthouse in...more

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