A Texas Legislative Postmortem | Jerry Bullard | Texas Appellate Law Podcast
Appellate Practice Perspectives: Representing the State | John Messinger | Texas Appellate Law Podcast
Here is a typical scenario. You appeal your case to a federal or state appellate court. The briefing is done and dusted. The case is argued. Everyone is patiently waiting for the appellate court’s decision. Then — voila — the...more
On August 5, 2025, the Virginia Court of Appeals addressed the finality of court orders and the limits of appellate jurisdiction. While the decision was made in the context of a Virginia Freedom of Information Act (“VFOIA”)...more
It’s the stuff of nightmares: you drop your notice of appeal in the mail 24 days after a summary-judgment order is entered against your client, trusting the post office will manage to get it into the clerk’s hands for filing...more
In Acorda Therapeutics, Inc. v. Alkermes PLC, the Federal Circuit held that it did not have appellate jurisdiction to review a decision by the district court in the Southern District of New York not to modify an arbitral...more
U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more
The US Court of Appeals for the Fifth Circuit dismissed and remanded a district court certified interlocutory appeal concerning the standard for calculating a reasonable royalty under the Defend Trade Secrets Act (DTSA). The...more
In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of...more
The US Court of Appeals for the Third Circuit dismissed an appeal from the denial of a motion under the Defend Trade Secrets Act (DTSA) for an ex parte seizure order, explaining that such orders are not final, not effectively...more
The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata...more
On July 27, the U.S. Supreme Court issued a three sentence order that vacated the U.S. Court of Appeals for the Fourth Circuit’s orders staying the construction of the Mountain Valley Pipeline. The pipeline is being built...more
The term “interpanel accord” has increased importance in Virginia civil state court practice after the General Assembly recently expanded the size and scope of the Court of Appeals of Virginia. More information about the...more
Addressing a multitude of issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s ruling dismissing infringement of one patent and finding a trade dress invalid but reversed the invalidation of...more
What began in 2019 as part of a major overhaul of the Florida court system will come to a completion on January 1, 2023, with two significant changes coming to Florida courts...more
The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeal opinion combines appellate...more
The Judicial Committee of the Privy Council is the highest court of appeal for several Commonwealth jurisdictions and it will be sitting, physically, in the Cayman Islands in November 2022. This provides a timely reason to...more
The US Court of Appeals for the Fifth Circuit affirmed a summary judgment order dismissing a Walker Process monopolization action brought by Ronald Chandler and his oilfield service company Chandler Manufacturing...more
We’ve previously written about Chandler v. Phoenix Services, L.L.C., an interesting case on the Federal Circuit’s exclusive appellate jurisdiction in patent cases. Earlier this week, the Fifth Circuit issued a decision...more
On June 2, 2022, Governor Ron DeSantis signed CS/HB 7027 creating Chapter 2022-163, Laws of Florida, paving the way for a Sixth District Court of Appeal. Governor DeSantis also approved a budget that includes funding for...more
The US Court of Appeals for the Federal Circuit dismissed an appeal, finding it lacked appellate jurisdiction to review a Patent Trial & Appeal Board (Board) decision to vacate an institution decision of inter partes review...more
- Learn about the significant changes that will enable almost all litigants to have a right to appeal to the Court of Appeals of Virginia - Become aware of pitfalls at trial that could hurt your chances on appeal -...more
The US Court of Appeals for the Tenth Circuit dismissed an appeal of a district court order denying a stay of a federal action for lack of jurisdiction under 28 U.S.C. § 1291 and reversed in part the district court’s grant of...more
Virginia appellate jurisdiction experienced a seismic transformation beginning on January 1, 2022. As of this date, the jurisdiction of the Virginia Court of Appeals has drastically expanded to include an appeal of right for...more
This week, Todd Smith and Jody Sanders welcome back Jerry Bullard, an attorney at Adams, Lynch & Loftin, PC, for a rundown on new statutes from the Texas Legislature’s regular and special sessions that affect trial and...more
The US Court of Appeals for the Federal Circuit issued an order declining to intervene in inter partes review (IPR) institution decisions by the Patent Trial & Appeal Board (PTAB) and further denied a writ of mandamus to stay...more
The Conservation Law Foundation will continue its Clean Water Act and RCRA citizen suit against Exxon Mobil alleging violations of those federal laws at Exxon Mobil's Everett facility if a decision yesterday by a three judge...more