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HTMLFederal Appellate Rule Changes
Kathi M. Sandweiss; Jaburg Wilk;
Legal Alert/Article
February 17, 2017
The amendments to the Federal Rules of Appellate Procedure, effective December 1, 2016, arise, for the most part, out of changes in technology. Some of the amendments refine prior Rules that, while taking into account technology, were nevertheless skeptical of its efficacy and reliability.

 

HTMLSanctions and the Terrible, Horrible, No Good, Very Bad Appeal
Kathi M. Sandweiss; Jaburg Wilk;
Legal Alert/Article
February 17, 2017, previously published on February 8, 2017
This may not be a book my new grandson Felix will soon be reading, but it does raise a legitimate question: When you really, truly, believe a federal appeal is frivolous, and not just garden variety, I know you’re going to lose, please don’t make me spend my client’s money...

 

Adobe PDFMake Sure Your Summary Judgment Pleadings Are Appeal Ready
Justin M. Ackerman, Jennifer B. Anderson, Jonathan P. Barnes, Eileen Dennis GilBride; Jones, Skelton & Hochuli, P.L.C.;
Legal Alert/Article
February 15, 2017, previously published on January 9, 2017
Because summary judgment rulings are reviewed under a de novo standard, they are one of the most common types of orders overturned on appeal. Here are some suggestions for stacking the deck in your favor.

 

HTMLDallas Court of Appeals Reverses $2.9 Million Jury Verdict, Finding Insufficient Evidence of Intent
David A. Baay, Maryann B. Zaki; Eversheds Sutherland (US) LLP;
Legal Alert/Article
February 7, 2017, previously published on February 7, 2017
In 2014, the jury awarded $2.9 million to plaintiff landowners in Lisa Parr et.al. v. Aruba Petroleum, Inc., a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. Earlier this week, the Dallas Court of Appeals reversed the jury verdict, ruling that there was...

 

HTMLPsychologist/Psychiatrist-Patient Privilege Extends to Communications with Entire Facility, and Attorney-Client Privilege Covers Notes a Client Takes at Direction of Attorney.
Shane Haselbarth; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
In a discovery response, the defendant asserted that she sought counseling related to the incident giving rise to the case. The plaintiff followed up with a request that she give the name and relevant information for her treatment. Because all therapy was conducted in a facility operated by a...

 

HTMLNew York’s Champerty Statute Alive and Well, and Means What It Says.
Shane Haselbarth; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
A bank’s investment in certain notes lost value, but because of concerns about how a lawsuit would look, the bank was hesitant to sue the investment backer. So, the bank contracted with a Cayman Islands shell company to have the latter take title to the notes in exchange for an agreement to...

 

Adobe PDFThird Circuit Holds that Arguments Incorporated by Reference to Lower Court Briefs are Waived
Danielle Morrison; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
January 12, 2017, previously published on November 2016
Last 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.

 

Adobe PDFMake Sure Your Judgment or Order is Final and Appealable
Jonathan P. Barnes, Eileen Dennis GilBride; Jones, Skelton & Hochuli, P.L.C.;
Legal Alert/Article
January 12, 2017, previously published on December 07, 2016
No 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...

 

Adobe PDFBe Aware of Strict Post-Trial Motion Deadlines
Jennifer B. Anderson; Jones, Skelton & Hochuli, P.L.C.;
Legal Alert/Article
January 12, 2017, previously published on December 22, 2016
You’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...

 

Adobe PDFWhen is a Rule 54(B) Certification Appropriate?
Lori L. Voepel; Jones, Skelton & Hochuli, P.L.C.;
Legal Alert/Article
January 12, 2017, previously published on December 12, 2016
Recently, 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.

 


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