News & Analysis as of

Federal Rules of Appellate Procedure Summary Judgment

Dickinson Wright

Motions for Reconsideration Under Eastern District of Michigan Local Rule 7.1(h) No Longer Toll the Appeal Deadline

Dickinson Wright on

There are a number of reasons why a party facing an adverse decision in federal court might wish to seek reconsideration prior to appealing. But a word of caution is in order: as a recent decision from the United States Court...more

Carlton Fields

Right for Any Reason? Well, Not for Any Reason

Carlton Fields on

Many jurisdictions have rules that allow an appellate court to affirm a judgment for any reason supported by the record, regardless of the actual basis articulated by the trial court. This general rule, however, is not...more

McDermott Will & Schulte

Court to Counsel: Be Frivolous at Your Own Risk

The US Court of Appeals for the Federal Circuit may “award just damages and single or double costs to the appellee” under the Federal Rule of Appellate Procedure 38 if an appeal is frivolous as filed or as argued. In a...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Appeals Dropping Like Flies

This week, the Ninth Circuit closely guarded its own jurisdiction while putting government litigants on the back foot. Read on to find out why county jailors’ qualified immunity appeal was dismissed, and how the Court handled...more

McDermott Will & Schulte

Fiesta’s Over for Trademark Claims Without Proof of Secondary Meaning

The US Court of Appeals for the First Circuit found that it had jurisdiction despite an arguably improper notice of appeal, and that the trademark owner waived its right to submit new evidence and failed to prove that the...more

Fisher Phillips

Unanimous Supreme Court Scolds Lower Court Over Appellate Deadline Rule - Translation: Sick SCOTUS Burn Over Hyper - Technical...

Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court ruled today that a federal procedural rule that allows a district court to extend an appeal deadline by no more than 30 days is a non-jurisdictional, mandatory claims processing...more

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