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|Third Circuit Holds that Arguments Incorporated by Reference to Lower Court Briefs are Waived|
Danielle Morrison; Schnader Harrison Segal & Lewis LLP;
January 12, 2017, previously published on November 2016Last week the Third Circuit Court of Appeals reiterated its disapproval of cursory arguments made in a footnote1 while joining other Circuits that have held that making arguments solely by reference to trial court briefs is insufficient to preserve issues for appeal.
|Make Sure Your Judgment or Order is Final and Appealable|
Jonathan P. Barnes, Eileen Dennis GilBride; Jones, Skelton & Hochuli, P.L.C.;
January 12, 2017, previously published on December 07, 2016No judgment is final and appealable in Arizona state courts unless it contains a certification, either under Rule 54(b) or Rule 54(c) of the Arizona Rules of Civil Procedure. This is important because the clock will not start ticking on the time for taking an appeal until the judgment is final. It...
|When is a Rule 54(B) Certification Appropriate?|
Lori L. Voepel; Jones, Skelton & Hochuli, P.L.C.;
January 12, 2017, previously published on December 12, 2016Recently, opposing counsel asked if we would stipulate to Rule 54(b) certification of a particular order granting/ denying summary judgment on some but not all of plaintiffs’ claims. Of course, we thought this would make a great topic for an appellate tip.
|Be Aware of Strict Post-Trial Motion Deadlines|
Jennifer B. Anderson; Jones, Skelton & Hochuli, P.L.C.;
January 12, 2017, previously published on December 22, 2016You’ve lost your trial, and want to tee up your case for an appeal. Some issues might need to be preserved through a post-trial motion. That is a subject for a different tip. But if you need or want to file a post-trial motion, there are strict deadlines for doing so. You need to know how to...
|Special Actions - To File or not To File?|
Jones Skelton Hochuli P.L.C.;
January 11, 2017, previously published on December 28, 2016One question we are often asked is whether a particular state court order should be challenged through a petition for special action in the Arizona Court of Appeals. The appellate court has discretion whether to accept jurisdiction and consider a special action on the merits, so it is important to...
|Doing More with Less: Forthcoming Changes to the Federal Rules of Appellate Procedure|
David C. Dziengowski, Rachel A.H. Horton; Schnader Harrison Segal & Lewis LLP;
November 17, 2016, previously published on November 2016The Declaration of Independence contains 1,337 words. Including its 27 amendments, the U.S. Constitution contains 7,591 words. By contrast, today’s practitioners may include up to 14,000 words in a principal brief in the federal courts of appeals. That is about to change.
|NHTSA To Release Automated Driving Guidelines by End of Summer|
Sutherland Asbill Brennan LLP;
August 5, 2016, previously published on August 5, 2016The National Highway Traffic Safety Administration (“NHTSA”) recently announced that the organization will release guidelines for vehicles with automated driving technology by the end of the summer. The guidelines will address safety standards to aid manufacturers in the development and...
|Third Circuit Affirms Dismissal Where Post-Trial Movant Refused to Recreate Missing Trial Record|
David C. Dziengowski, Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
July 26, 2016, previously published on June 2016You litigate a case in federal court and get an adverse verdict. Believing this result unjust, you file a post-trial motion for judgment as a matter of law and in the alternative for a new trial. But there is a problem: two-thirds of the trial record is missing. What do you do?
|State Appellate Court Considers if School Board Violated Open Meetings Act|
Melissa Schoenbein; Heyl, Royster, Voelker & Allen Professional Corporation;
July 26, 2016, previously published on Spring 2016The Fall 2015 edition of A Lesson Learned included a story about a school board accused of violating the Open Meetings Act when the Board voted to approve a superintendent's separation agreement.
|Appellate Court Finds Section 8.1b AMA Impairment Rating Report Not Mandatory|
Brad Elward; Heyl, Royster, Voelker & Allen Professional Corporation;
July 25, 2016, previously published on July 1, 2016On June 28, 2016, the Illinois Appellate Court, Workers' Compensation Commission Division, held that section 8.1b of the Illinois Workers' Compensation Act, commonly referred to as the AMA rating report provision, does not require a party to submit an AMA impairment report for the purpose of...