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The Legal Intelligencer
    • Appellate Law

    Repairing the Record on Appeal to Reflect the Truth

    The Legal Intelligencer

    Tuesday, January 10, 2012

    There's a saying in Pennsylvania state appellate jurisprudence that if the record on appeal does not reflect that something happened in the trial court, then that thing — even if it actually did happen in the trial court — will officially be deemed not to have happened. It is thus not too great of a stretch to observe that the record on appeal may represent, in essence, an alternate form of reality — and the only "reality" that is capable of controlling the outcome of an appeal.

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    Top Courts Value the Attorney-Client Privilege Differently

    The Legal Intelligencer

    Tuesday, December 13, 2011

    Attorneys and judges are perhaps more familiar than anyone with the value and importance of the attorney-client privilege.

    The 3rd Circuit's Reversal Rate: A Success Story

    The Legal Intelligencer

    Thursday, November 10, 2011

    During the first six terms of the Roberts Court (2005-10), the U.S. Supreme Court heard more than 460 cases, 16 of which were on review from the 3rd U.S. Circuit Court of Appeals.

    Opposing Trends Arise on State, Federal Court Oral Argument

    The Legal Intelligencer

    Tuesday, November 8, 2011

    Statistics that the 3rd U.S. Circuit Court of Appeals recently released show that the court heard oral argument during the 12-month period ending Sept. 30, 2010, in only about 14 percent of the cases that have been briefed for decision, while the average number of cases in which oral argument is occurring in all federal appellate courts over that same 12-month period was slightly more than 26 percent. These statistics further reflect a slight downturn during the past four years in the percentage of cases in which the 3rd Circuit is hearing oral argument.

    Examining the Workload of Pennsylvania's Highest Court

    The Legal Intelligencer

    Tuesday, October 11, 2011

    Recently, a journalist working at one of Pennsylvania's major newspapers called me in the hope that I would be willing to speak on the record about the declining number of opinions that the Supreme Court of Pennsylvania issued in 2010.

    It's a New Day for Openness in the Pa. Appellate Courts

    The Legal Intelligencer

    Tuesday, September 13, 2011

    Today, for the first time in its long history, which dates back to before the United States even existed as a nation, the Supreme Court of Pennsylvania is scheduled to allow television cameras to record its oral argument sessions.

    For Whom the Post-Judgment Motion Tolls:

    The Legal Intelligencer

    Tuesday, June 14, 2011

    In a civil case pending in federal court, a party's timely filing of any specified post-judgment motion will serve to postpone the deadline applicable to all parties for filing a timely notice of appeal until at least 30 days from the date on which the federal district court disposes of the post-judgment motion.

    Defining and Identifying Greatness in Appellate Advocacy

    The Legal Intelligencer

    Tuesday, May 10, 2011

    On an e-mail discussion list for professors of constitutional law that I subscribe to, someone recently raised the topic of who would qualify as the greatest U.S. Supreme Court advocates of all time.

    You Call That a Trial? A Costly Superior Court Waiver Ruling

    The Legal Intelligencer

    Tuesday, April 12, 2011

    To preserve issues for appeal following either a jury or nonjury trial in Pennsylvania state court, it is necessary to file a timely post-trial motion. On March 18, the Superior Court of Pennsylvania issued a ruling that some may view as delivering a harsh and costly appellate waiver lesson for Genuardi's Family Market and its trial counsel.

    What Are Your Chances of Winning on Appeal?

    The Legal Intelligencer

    Tuesday, March 8, 2011

    One thing that the administrators who help run appellate courts are good at is statistics. Every year, appellate courts churn out statistics revealing how many cases were decided on the merits, how many of those were affirmed or reversed, and what percentage were criminal cases or civil cases or prisoner petitions.

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