The Ninth Circuit has held that a remand order made under 28 U.S.C. 1447(c) is not within the power of a magistrate judge to issue under 28 U.S.C. 636.
The Court held that a decision by a bankruptcy court rejecting a proposed Article 13 plan under the Bankruptcy Code is not a final order for appellate purposes.
Kingsley v. Henrickson involves the question of whether the requirements of a 42 U.S.C. § 1983 excessive-force claim are satisfied by a showing that the state actor deliberately used objectively unreasonable force against a pretrial detainee.
By Stephen Feldman and Lance Curry
The Appellate Practice Committee recently presented three CLE programs discussing these topics.
By Tom Donlon
Sharing lessons from across the country with our members, reporting real mistakes made by real appellate lawyers, frequently with disastrous results for their clients.
By Wm. Dennis Huber
The rule requires affiants to state under penalty of perjury that they have personal knowledge of events that have not yet occurred.
In cases of a mixed judgment the judgment process is complicated. Appellate expert Jennifer Swize discusses Rule 28.1 and what to consider when planning a cross-appeal. (11:40 min.)
Dallas litigator Kelli Bills reviews some of the latest rulings from around the country regarding Rule 50 motions. (11:07 min.)
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.)
One Size Does Not Fit All: Comparing And Contrasting Appeals Among State and Federal Intermediate and High Appellate Courts
The panel will address topics such as standards of review; jurisdictional issues and preservation; the role of policy arguments; distinctions between constitutional, statutory, and common-law claims; the role and value of amicus briefs; focusing on what really matters to the court—which may not be who wins the case at hand—and getting the court to hear a discretionary appeal. (58:42)
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)
Examining the holding in this newly announced decision and what the holding may mean for future parens patriae actions—and for other types of quasi-class actions or mass actions. It also examines the strategy impact of this new decision. (56:11)
The Appellate Practice Committee is sponsoring two programs at the upcoming Section Annual Conference in New Orleans, LA. Read more.
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.