Appellate lawyers cannot help but experience an extra degree of excitement when an appeal on which they are working presents a question of first impression. All cases may be unique in some respect, but a true case of first impression appears infrequently. My favorite subcategory of first impression cases involves a federal question that other appellate courts have divided over, in which the issue has not yet been addressed or resolved by the court where the appeal is pending. And the best type of first impression case involves an issue that is deserving of U.S. Supreme Court review — perhaps in the very case on which I am working.
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