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Young Lawyers Appeals

Sands Anderson PC

Fair Notice to Pro Se Litigants: Eastern District of Virginia Set to Modify Roseboro Warnings

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Almost 50 years ago, the U.S. Court of Appeals for the Fourth Circuit, in a short, six paragraph opinion, ruled that pro se parties, those without lawyers, are entitled to “notice sufficiently understandable to [the pro se...more

Stoel Rives - Notice of Appeal

Idaho Supreme Court Update: The Court Clarifies How to Add a Request for Punitive Damages

In Davis v. Blast Properties, Inc., the Idaho Supreme Court clarified the standard trial courts should apply when deciding whether to grant a party leave to seek punitive damages. The Court held that trial courts are not...more

Rumberger | Kirk

The Importance of Being a Five-Tool Player: Skills Young Lawyers Need to Succeed

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Being a young attorney is difficult. Success depends on having the right skillset. This includes tools relevant to the job of being an attorney, but also tools that will allow you to do the job effectively...more

Sands Anderson PC

Word Limits and Page Limits are Real: The Rules Against “Incorporating Arguments by Reference”

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You might think 50 pages or 12,300 words, in the Virginia Court of Appeals, or 30 pages or 13,000 words, in the federal courts of appeals, would be more than enough space for a lawyer to get out an argument. If you do, you’re...more

McDermott Will & Emery

Lawyers Scolded but Not Sanctioned for Violating Federal Circuit’s COVID-19 Rules

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The US Court of Appeals for the Federal Circuit decided not to impose sanctions for violation of its COVID-19 restrictions on the number of counsel permitted to attend oral argument, citing the involved lawyers’ “earnest...more

Sands Anderson PC

So Your Client Lost at Trial: What Are Your Ethical Obligations With Respect to a Civil Appeal?

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Consider the following: After years of litigation, the jury has found against your client, entering a money judgment against her. Even before the jurors have left the courtroom, she turns to you and asks: “What are we going...more

Butler Snow LLP

An Unexpected Path to the Appellate Bench | Justice Rebeca Huddle | Texas Appellate Law Podcast

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People take many paths into the practice of law. These varied experiences provide important perspectives that enrich and improve the legal industry. This week, Todd Smith and Jody Sanders talk with Texas Supreme Court Justice...more

Rumberger | Kirk

Tips for Young Lawyers: CME Location

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You have analyzed the medical records, retained a medical expert and lined up a compulsory medical examination (CME). Then the objection arrives: the plaintiff refuses to attend the exam because it is being held in a...more

Butler Snow LLP

Helping the Court Decide Your Case | Justice April Farris | Texas Appellate Law Podcast

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Transitioning from private practice to the bench is an adjustment even in the best of times. But First Court of Appeals Justice April Farris made the switch in the middle of a pandemic when court operations and proceedings...more

Butler Snow LLP

Nontraditional Paths to a Career in Appellate Law | Mia Lorick | Texas Appellate Law Podcast

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Traditionally, the path to appellate practice often came through a judicial clerkship. But, in recent years, lawyers have worked to forge alternative routes. Mia Lorick, a partner at Locke Lord in Houston, is one of those...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: COVID-19 and the Courts: Part II How Appellate Court Procedures Are Changing and What May Be Here to Stay

Overview - In the second of our series of articles examining emergency procedures in the wake of the COVID-19 pandemic (“pandemic”), we examine the emergency procedures put into place in Federal Appellate Courts and explore...more

Proskauer - Law and the Workplace

Eighth Circuit Holds Law Firm Partner Not “Employee” Covered by ADEA

On December 3, 2019, the U.S. Court of Appeals for the Eighth Circuit affirmed the decision of the District Court for the Eastern District of Missouri holding that a former equity partner at a law firm was not an “employee”...more

McManis Faulkner

The Appellate Oral Argument

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The Appellate Court: An exciting forum of oral advocacy; a check on the process and the decisions of our trial courts; a second chance for parties to make their case; and a place where novel and important legal principles...more

Carlton Fields

As An Advocate, Welcome Questions From The Bench And Use Them To Win Your Appeal

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Everyone fears getting a question during oral argument that they don’t know the answer to or that only has an answer not helpful to their position on appeal....more

K&L Gates LLP

Distressed Solutions: Preparing For and Dealing With Appeals

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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

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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

Carlton Fields

The Keys To Preserving Error For Appeal

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During a judicial career that spanned more than 25 years, Carlton Fields Shareholder Peter Webster presided over numerous jury trials as a circuit judge and authored hundreds of appellate opinions following his appointment to...more

Pillsbury - Policyholder Pulse blog

Forging New Paths: Incorporating Appellate Strategies into Insurance Litigation

Claim analysis and pre-trial preparation can sometimes become so focused on determining what the law is that lawyers lose sight of our ability to change that law. In some cases, that means discovering and arguing new legal...more

Holland & Hart - Your Trial Message

Expect Jury Leaders to Act as Individuals, not Representatives

What do we expect of our leaders? If you think about it in a political context, and if you get past your initial cynical thoughts about self-interest and corruption, then perhaps what you hope for is that our leaders make...more

Butler Snow LLP

How do you litigate with the “lawyerless?”

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We’ve all been there – representing a client against someone who has never heard, or doesn’t believe, that “A lawyer that represents himself, has a fool for a client.” Either because of lack of resources, knowledge, interest,...more

Robins Kaplan LLP

D.C. Circuit to Livestream Oral Arguments

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The U.S. Court of Appeals for the D.C. Circuit recently announced that it will begin livestreaming audio of all oral arguments at the start of the 2018-19 term in September. Chief Circuit Judge Merrick Garland called the new...more

Kilpatrick

A Practical Guide to Settling Class Action Cases on Appeal

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This post provides practical guidance concerning the necessary procedures for maintaining a defendant’s appeal while seeking approval of a class settlement reached during the pendency of the appeal. There are commonly two...more

Foley & Lardner LLP

Seventh Circuit Explains When an Award of Attorney’s Fees Is Final for Purposes of an Appeal

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The law clerks of the U.S. Court of Appeals for the Seventh Circuit might be excused for thinking of the court’s recent decision in Cooke v. Jackson National Life Insurance Co., No. 17-2080 (7th Cir. Feb. 9, 2018), as the one...more

Robins Kaplan LLP

Eleventh Circuit Follows Ninth Circuit in Awarding Appellate Fees for Automatic Stay Violation

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By its recent decision in In re Horne, 876 F.3d 1076 (11th Cir. 2017), the United States Court of Appeals for the Eleventh Circuit broadened the scope of attorney’s fees that are recoverable pursuant to section 362(k) of the...more

Hinshaw & Culbertson LLP

Disqualification Not Mandatory when an Attorney Switches Sides in a Pending Case but Stays at the New Law Firm Only for a Brief...

California Self-Insurers' Security Fund v. The Superior Court of Orange County, Activcare Living, Real Parties in Interest, California Court of Appeals Fourth Appellate District, Division Three, Case Number G054981...more

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