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Felicello Law PC

Writing to Win: What Makes an Effective Appellate Brief

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In civil litigation, the trial court’s judgment is often not the last word. If you lose at that the trial court, you may still have a chance to prevail if you can convince the appellate court that the trial court judge...more

Law Office of Jason Ostendorf

The Appellate Courts Are Watching: Why You Need Appellate Eyes on Your Trial Team

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Trial lawyers often think of appellate issues as something to deal with after the verdict. But by the time a case gets to appeal, much of the damage—or success—has already been baked into the record....more

Ward and Smith, P.A.

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

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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

Chartwell Law

Getting Ready to Appeal

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I had the opportunity to spend two weeks in early March as appellate counsel at a hotly contested wrongful death trial. Seated next to lead trial counsel, I had a ringside seat where I could observe the jury minute by minute,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

5 Issues for Every Trial Lawyer, From the Appellate Perspective

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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

Fox Rothschild LLP

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to...

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It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the Court of Appeals did in Harney v. Harney. ...more

Carlton Fields

Don’t Abandon All Hope on Appeal

Carlton Fields on

It is crucial for an appellant drafting an initial brief to adequately identify and describe all claims and issues the appellant intends to raise for appellate review. Apart from the obvious advantage of providing as much...more

Carlton Fields

Properly Joining in an Appellate Brief Filed in a Separate Appeal

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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

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

Fox Rothschild LLP

More On Published Opinions After Submission On Briefs

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Last week I blogged about the Fourth Circuit’s recent published opinions that, due to the pandemic-prompted suspension of Local Rule 36(a), did not have the usual oral argument. The research for that post revealed that...more

Morrison & Foerster LLP - Federal Circuitry

August Oral Argument Recap

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We are two weeks out from arguments in the Federal Circuit’s August sitting, so it is time for our monthly oral argument recap. As it has done for the past several years, the Court heard arguments on only three days in...more

Carlton Fields

Openings in Appellate Oral Arguments

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You are on your feet at the podium and you have told the appellate panel who you are and whom you represent. What is the first substantive thing you should now tell the court (always assuming you get that opportunity before...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

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: Husband and wife defendants were related to the husband and wife plaintiffs. The defendants were convinced the plaintiff husband (a state trooper) was abusing his wife, despite her...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: AC39520 - Stratek Plastics, Ltd. v. Ibar - Remember the case that held you could not recover your attorney fees in a mechanic lien foreclosure as the plaintiff unless there had...more

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