Appellate Law & Practice
Appellate cases and practice are discussed by a group of federal law clerks and appellate lawyers; some are anonymous.
Author: Authors include: "Happy Fun Lawyer," who focuses on 2nd U.S. Circuit Court of Appeals; Sam Heidman, a Washington, D.C., appellate lawyer; "Reversible Error," the site administrator; "SCOTUS," a tax expert who also covers the 1st Circuit; "Sixth Circuit"; Ray Ward, of Adams and Reese in New Orleans (who also authors Minor Wisdom and The (New) Legal Writer), an appellate lawyer who covers the 5th Circuit along with "Lazerwolf."
Blawg Related Categories: Appellate Practice • 1st Circuit Court • 2nd Circuit Court • 5th Circuit Court • 6th Circuit Court • Anonymous • Solo / Small Firm
Recent Posts from Appellate Law & Practice
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Giving it up.
I am going to be discontinuing my participation in this blog in the next week or so. If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry.
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CA1: large law firm loses case on behalf of client
US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand,…
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CA1: It’s official. Everything is mail fraud.
US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first…
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CA1: no preemption where no conflict – just assistance
Fitzgerald v. Harris, No. 08-1306 (12/5/08) holds that the Allagash Wilderness Waterway ("AWW"), Me. Rev. Stat. Ann. tit. 12, § 1882 is not preempted by the Wild and Scenic Rivers Act ("WSRA"), 16 U.S.C. §…
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CA1: Drinking and driving isn’t accepting responsibility
U.S. v. Jordan, No. 08-1432 (12/5/08). The defendant committed some criminal acts while out on bail – namely drinking and driving. At sentencing, the District Court denied an offense level reduction under § 3E1.1 based…
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Another thing the Victims Rights Industry is Silent About
Most people know that the Victims Rights Industry exists to troll lay people into think that lawyers care about them. In reality it is a way for lawyers to earn money writing briefs without having…
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CA1: proper punishment for a stalker that refused to retain a lawyer before not paying taxes
USA v. Steirhoff, 08-1183. Selya tries to be dramatic. He says “The tale of how the stalker became the stalked follows.” Anyway, the defendant seems like a bad guy because he talked to the police…
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CA1: what to do about a shooting of a mentally ill person
Est. of D. Bennett v. Wainwright, No. 07-2169. Mentally ill guy off his meds shoots at some cops. Mentally ill guy gets shot by cops. There issues here of notes. The estate appeared to make…
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CA1: surprise! creating false invoices to defraud Uncle Sam is corrupt
U.S. v. Marek, No. 07-2437 (11/26/08). This is sort of interesting. There was an audit by the IRS. The defendants appeared to participate in the audit in good faith. Problem was that they went so…
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CA1: making non-lawyers step outside hotel rooms okay
US v. Parker, No. 07-2776. This is some kind of fight between drug dealers, so the First is going to have little sympathy for them. So, being asked to step outside one’s hotel room is…