Notably, the emphasis on reading and
briefing appellate cases misrepresents the work of most lawyers.
Not exact matches
The game makers are wrong to argue that the Federal Circuit should rehear the
case because the
appellate court panel allegedly created a «safe harbor» for technological ideas, as the court simply followed precedent for abstract claims as set by Alice Corp. v. CLS Bank International, a 2014 U.S. Supreme Court decision that held that abstract ideas implemented using a computer are not eligible for a patent, asserted McRO Inc. in its
brief.
For example, when an
appellate judge retires and joins a private firm, and the firm later employs the retired judge to
brief an appeal to his former colleagues, the firm is partly trying to persuade the court that it should decide the
case in the firm's favor because of the retired judge's established reputation, character, and credibility.
I was having a difficult time crafting an
appellate brief on some
case involving criminal fraud.
First, readability scores for federal
appellate court opinions and state supreme court opinions were similar.131 Second, readability scores from U.S. Supreme Court opinions were lower than opinions from the other courts.132 Third, briefs from U.S. Supreme Court
cases had lower readability scores than briefs from the other courts.133 Finally, at the U.S. Supreme Court level, the opinion readability scores were significantly lower than the
brief readability scores.134
Then there is its
Brief Bank, a collection of
appellate briefs in capital
cases -LSB-...]
The
case ultimately settled on appeal, but because Ross failed to file a supersedeas bond, Lightfoot submitted extensive
briefing in the
appellate court regarding the requirements of Rule 8 of the Alabama Rules of
Appellate Procedure.
He worked on the
appellate briefing in the seminal Potvin
case with Henry Fenton and has extensive
appellate experience, having worked on many appeals before the California and federal courts.
PRESENTATION While the written
brief plays a key role in setting up the appeal, a
case is often won or lost during the initial presentation to the
appellate judge and how you stay focused on giving succinct and poignant answers to the most difficult questions.
A few changes should be noted with regard to appeals, particularly in the reduction of time limits available for parties to respond to an
appellate brief (article 373), and the limits placed on the subjects and judgments which may not be the subject of an appeal (article 32), such as
case management decisions.
On Thursday I had shared some observations on Samsung's opening
appellate brief in that
case and its post-trial JMOL motion in the second California
case.
Steve Goldman tried the
case, wrote the
appellate brief and argued the appeal.
These
cases have been pre-screened by a staff attorney based on a determination that
briefing and argument by counsel would benefit
appellate review and assist with the fair and efficient administration of justice.
When is your
appellate brief or notice of appeal due when you've lost your
case?
Your
appellate attorney will have to do a huge amount of research and
briefing to adequately prepare your
case for the Montana Supreme Court.
Among her recent
cases, Lorelei drafted the
appellate brief that resulted in the Eleventh Circuit's affirming a final summary judgment the Firm obtained in favor of a national hospital client against a physician's high - profile race discrimination claims.
The most recent article includes
cases where lawyers were sanctioned for appealing a
case based on a knowingly false claim, the dismissal of an appeal for failing to file a
brief (after two extensions of time), and a decision in which the
appellate court found the controlling contract provision itself, after both sides had been arguing the wrong provision since the trial began.
He has
briefed and argued major
cases to state and federal
appellate courts in Texas including the Texas Supreme Court.
In addition, Matt is involved in
case strategy, deposition practice, pre-trial and post-trial motion practice,
appellate briefing, and alternative dispute resolution.
So far, only three published studies have analyzed the association between
brief readability and
case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882
appellate briefs from the Supreme Court, federal
appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal
appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil
case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56
Although primarily a banking, business and real estate lawyer, Bill has
briefed and argued numerous
appellate cases in the U.S. Supreme Court, the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court and the Maine Supreme Court.
We are constantly in motion in search of new ways to improve our craft — honing and developing effective
briefing techniques and monitoring new
cases and rules to determine current trends in
appellate practice and procedure.
These features of
appellate court work may blunt any effect of
brief readability on
case outcome.
Bryan has
briefed and argued many
cases before Utah's
appellate courts.
He has also
briefed and argued
cases before
appellate courts, including the United States Court of Appeals for the Seventh Circuit.
Students assist an
appellate team on a pending state criminal appeal, including issue spotting, drafting an opening
brief and preparing the
case for oral argument.
Our team of experienced
appellate -
brief writing attorneys bring the details and information in your
case together in a well - written appeal.
Stephen Ehat, an active member of the State Bar of California, offers 36 years of legal research and writing expertise to help you meet your trial court litigation, client
case negotiation, and
appellate court
briefing needs.
This increase in diminution claims can be contrasted with the dearth of
case law providing guidance on the appropriate principles that should be applied to them; this writer's research uncovered one Court of Appeal authority from 1974, one Scottish
appellate decision, one district judge - level judgment on Lawtel and a handful of
brief reports on county court - level
cases on current law.
It's not surprising this ended up in the
appellate court, with the parties being ordered to
brief the issue of what level of scrutiny is appropriate for gay jurors in light of the recent Supreme Court DOMA
case.
How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: 334-215-3706 Cell Phone: 334-233-2631 Fax: 334-273-0477 E-mail:
[email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in
case preparation, litigation, and potential settlementso Prepared and input
case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in
cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an
appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request
Law Offices of Robert A. Loeb (Chicago, IL) 2007 — 2008 Law Clerk • Worked diligently on numerous legal documents, including researching and drafting an
appellate brief as well as preparing expungement petitions • Reviewed interrogation videos for a Motion to Suppress Confession on a murder
case
For example, the Florida Association of Realtors filed an
appellate brief (amicus curaie) in a recent Florida Supreme Court
case, Raymond James Financial Services, Inc. v. Phillips, dealing with the application of a state statute of limitations related to arbitration proceedings.