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Oral Argument Appellate Courts

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

Holland & Knight LLP

Labcorp v. Davis: Will U.S. Supreme Court Resolve Circuit Split Over Article III Standing?

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The U.S. Supreme Court heard oral arguments in Labcorp v. Davis (No. 24-304), a case that arrived at the Court to resolve a fundamental question: "[w]hether a federal court may certify a class action pursuant to Federal Rule...more

Dickinson Wright

Expediting Appeals in the Michigan Court of Appeals

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Pursuing or defending an appeal in the Michigan Court of Appeals can be a lengthy process. Briefing does not begin until after all transcripts have been ordered, and that process alone can take up to 91 days in civil cases....more

Robinson Bradshaw

Update: Supreme Court Might Still Not Decide Whether a Class Can Contain Individuals Who Lack Any Article III Injury

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A few months ago, we wrote about the U.S. Supreme Court’s decision to grant review in Labcorp v. Davis. As we noted at the time, Labcorp raises a long-debated question of class-action law: Can a federal court certify a...more

Chartwell Law

Supreme Court Oral Argument

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As I think I have admitted previously, I have what some might consider an unusual habit. When I have a longer drive to make, I listen to oral arguments at the United States Supreme Court. It keeps me awake and my mind sharp,...more

Fox Rothschild LLP

Appellate Division Says Disparagement of Counsel and Threats of Sanctions is Improper Judicial Behavior! You Think?

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The practice of family law is difficult. I have read that divorce ranks just below the death of a parent or child in terms of grief. The cases are often emotionally charged. This sometimes causes people to take bad positions,...more

Fox Rothschild LLP

Preserve Family Harmony–File for Secure Leave Today!

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Isn’t “secure leave” wonderful? It’s the one time YOUR schedule overrides the COURT schedule. Just designate a week or two or three, at least 90 days in advance, and you are off the hook for in-court appearances....more

Fox Rothschild LLP

Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.

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Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions includes a...more

Fox Rothschild LLP

North Carolina Supreme Court Is All Caught Up

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The North Carolina Supreme Court is not stingy with extensions. If a lawyer needs more time to file a brief, the Court will generally allow it. But with the Court largely caught up on its docket, you might not want to bank...more

Littler

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

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Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral...more

Chartwell Law

Understanding the Impact of Supreme Court Appointments on Appellate Law

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This may be a bit of a “law geek” admission, but whenever I know I’ll be driving alone for at least thirty minutes, I make a habit of listening to Supreme Court arguments. Now that the Court posts them online in near...more

Perkins Coie

SCOTUS Seems Torn in Tangling With Fraudulent Inducement Theory of Federal Fraud Statutes

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On December 9, 2024, the Supreme Court of the United States heard oral argument in Kousisis v. United States. The case squarely assesses the validity of the “fraudulent inducement” theory of mail and wire fraud under federal...more

Dickinson Wright

The Michigan Court of Appeals Internal Operating Procedures (a/k/a “the IOPs”)

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When it comes to handling a case in the Michigan Court of Appeals, one of the most useful resources may be the Court’s Internal Operating Procedures (commonly known as the “IOPs”). Although much of the information in the...more

Proskauer - Labor Relations Update

Amazon, SpaceX Must Navigate Procedural Roadblocks in Constitutional Challenge of NLRB

On November 18, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral argument on cases involving Amazon.com Inc. and SpaceX, respectively, challenging the constitutionality of the National Labor Relations Board...more

Fox Rothschild LLP

Fast Talk: Compressed Oral Arguments in N.C. Court of Appeals

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Oral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive if the parties knew ahead of time the...more

Ward and Smith, P.A.

The Importance of Oral Arguments in Appellate Courts: Insights for Trial and Appellate Practitioners

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Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get...more

Carlton Fields

Prepping for the Panel (Or Not)

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When you have an appeal in a new jurisdiction, add to your checklist a note to look at the court’s procedures for announcing oral argument panels. Courts vary in their approaches to announcing panel composition in advance of...more

Fox Rothschild LLP

Helpful Changes to NC Appellate E-filing Site: “Upcoming Oral Arguments” Banner

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I wrote a few days ago about some practitioners experiencing problems with overzealous spam filters catching important notices from our appellate courts. To be clear, this is a user-side issue, not a problem with the...more

Fox Rothschild LLP

Some Calendar Notices from North Carolina’s Appellate Courts Are Not Getting Through

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Trigger warning: this post may cause appellate lawyers to have nightmares. There has been a spate of technical glitches lately that caused critical notices from the North Carolina Court of Appeals to end up in “quarantine”...more

Goldberg Segalla

Avoid Sanctions by Reading the Rules and Admitting a Mistake

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Read the rules. Let’s say it again: Read. The. Rules. On February 16, the U.S. Court of Appeals for the Federal Circuit issued a strong reminder to attorneys about the importance of reading the applicable rules of court and...more

Fox Rothschild LLP

No, Your Case Isn’t Special–There’s a New Fourth Circuit Form.

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If you have had a case tentatively calendared for oral argument in the Fourth Circuit recently, then you likely received a notice to submit a specific form indicating whether you are aware of any cases currently pending in...more

Woods Rogers

What to Watch for at Trial in Virginia Courts to Avoid Having Your Appeal “Disqualified” or “Sent to the Rear”

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With the expansion in the size and scope of the Court of Appeals of Virginia on January 1, 2022, civil litigators in Virginia have an increased likelihood of a full appeal of virtually any trial court decision. However, since...more

Stevens & Lee

Thinking Appellate Reconsideration? Remember A Few Good Men

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During the trial in the 1992 film A Few Good Men, Lt. Commander Joanne Galloway (played by Demi Moore) lodges a “strenuous” objection to expert witness testimony. The presiding judge, Col. Julius Randolph (portrayed by J.A....more

Jones Day

New York Appellate Court Holds that PSLRA Discovery Stay Applies in State Actions

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A recent decision by the First Department of the New York Appellate Division held that the Private Securities Litigation Reform Act's automatic stay of discovery applies in state court, but not during the pendency of an...more

Fox Rothschild LLP

NC Expands Role of Amici in Appeals

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Amici will soon have more opportunities to share their views with our North Carolina appellate courts. Currently, our Appellate Rules expressly allow for amicus participation at the merits-briefing stage. N.C. R. App. P....more

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