Trial Practice Guidance, Litigation Strategies, Appellate Courts

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

Ward and Smith, P.A. on 5/23/2025

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

Where Appeals Begin

Chartwell Law on 2/27/2025

I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more

5 Issues for Every Trial Lawyer, From the Appellate Perspective

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/22/2024

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

Navigating Federal Tort Claims on a National Scale | Tom Jacob | Texas Appellate Law Podcast

Butler Snow LLP on 3/14/2024

Suing the federal government can be a daunting task. In this episode, Todd Smith and Jody Sanders sit down with Tom Jacob, a partner at National Trial Law in Austin, Texas, to discuss the intricacies of litigating cases under...more

A Longtime Trial Judge’s View from the Appellate Bench | Justice Gisela Triana | Texas Appellate Law Podcast

Butler Snow LLP on 11/2/2023

Few Texas judges have seen the courtroom from as many perspectives as Third Court of Appeals Justice Gisela Triana. From a practitioner, to a municipal judge, to a trial court judge on various benches, Justice Triana has...more

Asking for Oral Argument in the U.S. Courts of Appeals

Carlton Fields on 10/9/2023

In many federal courts of appeals, the statement on oral argument occupies a prime position in a brief. It is often the first substantive statement a judge reads. Yet so few advocates use this valuable “real estate” to...more

Properly Joining in an Appellate Brief Filed in a Separate Appeal

Carlton Fields on 8/11/2023

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

Trial Lawyers, Don't Lose Your Appeal

Butler Weihmuller Katz Craig LLP on 9/6/2022

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

Enjoy With A Glass Of Lemonade: Court Of Appeals Summer Appellate Seminar

Fox Rothschild LLP on 8/25/2020

COVID-19 interrupted the plans of many North Carolina law students. In-person classes (Cancelled). Students (Sent home). Summer internships (Postponed, shortened, or cancelled). In the midst of these upheavals, the...more

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