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Appellate Courts › Preservation of Rights

Law Office of Jason Ostendorf

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

Law Office of Jason Ostendorf on

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

Carlton Fields

Motions For Rehearing: An Often Overlooked Preservation Requirement

Carlton Fields on

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

Porter Hedges LLP

A Cautionary Tale For Contractors: Releases In Contract Modifications And Preservation Of Claims

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The Houston First Court of Appeals of Texas recently affirmed a trial court’s decision wiping out a whopping $17 million claim brought by a contractor against an owner for acceleration costs, holding that the claim was barred...more

Carlton Fields

Careful What You Ask For: Think Twice Before Asking the Appellate Court to Uphold Pleadings You Failed to Fix in the Trial Court

Carlton Fields on

In Jackson v. Bank of America, N.A., 898 F.3d 1348, 1358 (11th Cir. 2018), the Eleventh Circuit reminded appellate lawyers that just because they can appeal a case does not necessarily mean they should....more

Carlton Fields

So You're Telling Me There's A Chance! – The Difference Between Waiver and Forfeiture

Carlton Fields on

Appellate attorneys (hopefully!) understand the need to preserve arguments for appeal by raising them before the trial court and in their opening briefing. But what about the difference between waiver and forfeiture of...more

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