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News & Developments »

SCOTUS Issues Decision in B&B Hardware, Inc. v. Hargis Industries Inc.

The Court held that as long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the Trademark Trial and Appeal Board are materially the same as those before a district court, issue preclusion should apply.


SCOTUS Issues Decision in Omnicare

The Court held that a statement of opinion in a registration statement filed under the Securities Act of 1933, does not constitute an untrue statement of fact simply because it turns out to be untrue.


Single Dismissed Claim in MDL Immediately Appealable

The Court issued its decision in Gelboim v. Bank of America.


Articles »

A Possible Lifeline for Jurisdictionally Untimely Federal Appeals

By Hashim M. Mooppan

In at least 50 cases over the past 80 years, the Supreme Court has employed the remedy of equitable vacatur.


Federal Appellate Jurisdiction Still Has Its Limits

By Dorothy F. Easley

An excerpt from Dorothy F. Easley's Successful Federal Appeals in All Circuit Courts: A Practical Guide for Busy Lawyers.


Winning Your Appeal at Trial

By Thomas J. Donlon

Be the one who prepared from the very start and you will be well on the way to victory on appeal.


Sound Advice »

audio Are Rule 50 Motions Required to Preserve Error for Purely Legal Questions?

By Kelli Bills

Dallas litigator Kelli Bills reviews some of the latest rulings from around the country regarding Rule 50 motions. (11:07 min.)


audio The Last 24 Hours Before Oral Argument

By Ted Hirt and Kannon K. Shanmugam

Advanced preparation is critical to the success of oral argument. Kannon Shanmugam and Ted Hirt discuss ideas for what to do in the final stages of the preparation process. (9:33 min.)


audio Common Mistakes in Appellate Practice and How to Avoid Them

By Mark Fulks

Veteran appellate attorney Mark Fulks highlights some common mistakes during the appeal process, in hopes that you will avoid those issues in your practice. (13:21 min.)



Roundtables »

audio The Importance of Amicus Briefs, with Former Chief Justice of the Michigan Supreme Court Clifford W. Taylor

A lively discussion about the importance of amicus briefs and how to use them to protect your clients' interests. (29:50)


audio The Supreme Court's First Decision on the Class Action Fairness Act: Standard Fire Ins. Co. v. Knowles

Learn what the decision means for plaintiffs and defendants litigating class actions. (1:01:03)


Announcements »

Programming at 2015 Section Annual Conference

The Appellate Practice Committee is sponsoring two programs at the upcoming Section Annual Conference in New Orleans, LA. Read more.


Committee Open Call

In March, we will have an open call in which all members, not just the committee and subcommittee chairs, can call in and participate. Read more.


Seeking Contributors

The Appellate Practice Committee is seeking authors to write for its website. Please contact Robert A. Vort or Sanford Hausler for more information.


 

Appellate Practice Leadership

Cochairs Web Editors Newsletter Editors
Sonia O'Donnell

Miami, FL


Joseph A. Greenaway, Third Circuit

Newark, NJ


Sanford Hausler

New York, NY


Robert A. Vort

Hackensack, NJ


Victoria Dorfman

New York, NY


Brock Swartzle

Detroit, MI