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PRACTICE COLUMNS
Appellate Law
Reflections on the Recent Round of Appellate Judicial Elections
Monday, November 9, 2009
Pennsylvania continues to hold elections to select judges to serve on the commonwealth's trial and appellate benches.
SPONSOR SPOTLIGHT
Merits, Pitfalls of the Adversarial Method of Appendix Preparation on Appeal
Monday, October 12, 2009
The adversarial system of justice practiced in the United States presumes that each of the opposing parties in a lawsuit will advocate for a ruling in its favor under the facts and applicable law, and an impartial group of jurors -- or a judge or group of judges -- will decide what the result should be based on those adversarial presentations.
Retired Justice David Souter's Antitrust Legacy
Monday, October 5, 2009
As a new Supreme Court term begins, many are keeping a watchful eye on the impact Justice David Hackett Souter's retirement will have on the court's jurisprudence. Souter's track record while on the court for 19 years in many areas belies his pigeonholing as a "liberal." In fact, he never agreed squarely with his liberal colleagues on all issues, especially those involving a business enterprise.
Signs From the High Court of a More Sensible Use of Appellate Rule 1925
Monday, September 14, 2009
If, like me, you were recently away on vacation, you may have missed news of two interesting developments involving the Pennsylvania Supreme Court and Pennsylvania Rule of Appellate Procedure 1925.
With Sotomayor Confirmed, Focus Should Be on Nominations to Appeals Courts
Thursday, August 13, 2009
A vacancy on the U.S. Supreme Court and the very public effort to nominate and confirm a new justice understandably diverts attention away from nominating and confirming judges to fill the many vacancies that exist on the lower federal courts.
Report Card From the U.S. High Court
Tuesday, July 14, 2009
The Supreme Court of the United States, in its just-completed term, issued a total of 74 signed opinions in argued cases. Two of those cases reached the Supreme Court directly from the 3rd U.S. Circuit Court of Appeals. In one of those cases, the Supreme Court unanimously affirmed, while in the other the Supreme Court vacated and remanded the 3rd Circuit's judgment by a 5-4 vote.
Beware of the Appellate Pitfalls of Electronic Filing
Monday, June 8, 2009
Just last week, two different federal appellate courts disposed of separate cases in which parties alleged electronic filing-related tales of woe as the excuse for the untimely notice of appeal filed in each case.
Appellate Oral Argument: The Good, the Bad and the Ugly
Monday, May 11, 2009
Last week, I received in the mail a copy of a new book titled "A Good Quarrel: America's Top Legal Reporters Share Stories from Inside the Supreme Court." The "stories" these reporters are sharing in the book consist of their accounts of particularly noteworthy U.S. Supreme Court oral arguments.
The Approaching Dawn of a New 'Day' Under the Federal Appellate Rules
Monday, April 13, 2009
Because counting intervening weekends and holidays for time periods of fewer than 11 days will often have the effect of shortening the time available, the federal appellate rules are also being amended in various instances to increase the specified number of days for taking action.
Bringing Newly Issued Rulings to an Appellate Court's Attention
Monday, March 9, 2009
Often, after an appeal has been fully briefed or orally argued, but before it has been decided, a court will issue a ruling that may materially affect the appeal's outcome. What's an appellate advocate to do once that has happened?
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