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Appellate Courts › Petition For Rehearing

Carlton Fields

Florida Appeals Court Decisions Week of July 21 - 25, 2025

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U.S. Eleventh Circuit Court of Appeals - Am Sec Ass’n v. SEC - APA, rule challenge - Weinstein v. 440 Corp - Rule 41(a), dismissal ...more

Baker Botts L.L.P.

Fifth Circuit Issues Splintered En Banc Decision on Citizen Suit Standing

Baker Botts L.L.P. on

On December 11, 2024, the United States Court of Appeals for the Fifth Circuit issued an en banc opinion in Env’t Tex. Citizen Lobby, Inc. v. ExxonMobil Corp., No. 17-20545. The petition for rehearing requested en banc review...more

Fox Rothschild LLP

En Banc Rehearing in the North Carolina Court of Appeals: A Petition for Panel Rehearing in Disguise?

Fox Rothschild LLP on

Long-time readers of this blog may remember the fun I’ve had finding photos reflecting the ups and downs of en banc rehearing in the Court of Appeals. The General Assembly first authorized en banc review in 2016, with the...more

Carlton Fields

Motions For Rehearing: An Often Overlooked Preservation Requirement

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Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to...more

Butler Weihmuller Katz Craig LLP

Trial Lawyers, Don't Lose Your Appeal

Butler Weihmuller Katz Craig LLP on

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

Fox Rothschild LLP

The Panel of Theseus

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Generally, you can ask a judge to change her mind, but you can’t ask her to change a different judge’s mind. For example, at the trial-court level, a judge can revise her own interlocutory order under Rule 54(b), but one...more

Fox Rothschild LLP

Supreme Court Adopts New Appellate Rules Amendments: Mandatory E-filing, Records on Appeals, and Motions . . . Oh My!

Fox Rothschild LLP on

On Wednesday, October 13, the Supreme Court of North Carolina issued new amendments to the North Carolina Rules of Appellate Procedure. The key changes, which apply to notices of appeal filed on or after 1 January 2022, are...more

Fox Rothschild LLP

And Then There Were None–Court Of Appeals’ First En Banc Case Vanishes

Fox Rothschild LLP on

A month ago, I excitedly reported that the North Carolina Court of Appeals had granted its first motion for rehearing en banc. Turns out that the en banc party invitations were for naught. In a special order entered...more

Morrison & Foerster LLP - Federal Circuitry

Rehearing revisited: Do some judges CFR more often than others?

Morrison & Foerster LLP - Federal Circuitry on

In a recent post, we took a look at data on rehearing petitions—specifically, the timing of calls for responses (CFRs).  Today, we dig further into that data to see if we can identify judges whose panels CFR more often. As...more

McDonnell Boehnen Hulbert & Berghoff LLP

Uniloc 2017 LLC v. Hulu, LLC (Fed. Cir. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on

Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims.  The appeal raises issues of finality...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

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