Tentative Opinions in the Appellate Courts and the Chance to Make a Difference in Your Oral Argument
Division Two of the Fourth District in the California Court of Appeal uses tentative opinions. There is certainly an advantage for appellate lawyers because it allows them to focus on the main issues that the court deems impo Read More
US Court of Appeals: Notice of Fee Changes
There have been updates to the Court of Appeals Miscellaneous Fee Schedule, issued pursuant to 28 U.S.C. § 1913, and counsel is to be cognizant of these changes. Effective December 1, 2013, the fee changes listed below have t Read More
Federal Rules of Appellate Procedure Amended effective December 1, 2013
Appellate rules 13, 14, 24, 28 and 28.1 as well as Form 4 were amended effective December 1, 2013. Rules 13, 14 and 24 concern appeals from the US Tax Court; the amendments revise the rules regarding permissive interlocutory Read More
Appeals in the New York State Appellate Division: Adverse Decision? What Now? (Part II)
Even after receiving a decision that is adverse to your client, you still have options. You may seek further relief from the Appellate Division or move directly to the Court of Appeals to seek leave to appeal in that court. Read More
Appeals in the New York State Appellate Division: Adverse Decision? What Now? (Part I)
After you have invested so much time, energy and money appealing to (or defending an appeal in) the Appellate Division, little can be worse than receiving a decision that is adverse to your client. However, one should not des Read More
New York Appellate Practice: The “Clerk’s Law” or a Dozen Unwritten Rules You Should Know (Part I: Appellate Division, First Department and Appellate Division, Second Department)
You’ve read the rules, and you’ve read them once more. You’ve followed them while preparing your brief and submitted it to your appellate services team for final processing. Unexpectedly, you are informed that changes are req Read More