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American Bar Association

Practice Points »

SCOTUS Rules on PLRA Fees

The Court held that the payments for multiple ongoing litigations must be made simultaneously, not sequentially.

SCOTUS Holds Only Jury Can Determine Death Penalty Factors

The U.S. Supreme Court decided in Hurst v. Florida that only a jury and not a judge could determine the factors necessary to impose the death penalty.

Ninth Circuit Rules in Flam v. Flam

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.

Articles »

The Reply Brief: Turning "Getting the Last Word" into "Getting the Win"

By Sylvia H. Walbolt and Nick A. Brown

A few tips on how to nail the reply.

Silly Lawyer Tricks II

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.

Hypothetical Statutory Jurisdiction

By Joshua S. Stillman

While it can no doubt be an efficient way to dispose of many cases, it can also lead to highly inefficient outcomes.

Sound Advice »

audio Rules and Strategic Considerations for Cross-Appeals

By Jennifer Swize

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.)

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.)

Roundtables »

audio 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)

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 Hey, CAFA, Is That a Class Action: Mississippi ex rel Hood v. AU Optronics

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)


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
Stephen Feldman

Raleigh, NC

Kannon Shanmugam

Washington, D.C.

Sanford Hausler

New York, NY

Lara O'Donnell

Miami, FL

Victoria Dorfman

New York, NY

Brock Swartzle

Detroit, MI