Appellate Practice

Supreme Court is ‘dour and diligent’ as it debates ‘potential sleeper case;’ are arguments ‘abusive’?

The U.S. Supreme Court on Monday appeared “dour and diligent” as it considered exhaustion requirements in lawsuits for constitutional violations, according to an article in the New York Times.

Oct 8, 2024 10:34 AM CDT

COVID-related backlogs no longer reason to delay misdemeanor trials, appeals court says

An appellate court in California has admonished a lower court for continuing to cite the COVID-19 pandemic as a valid reason to delay trials.

Jul 17, 2024 8:45 AM CDT

7th Circuit has no patience for Bernhard Modern—a typeface, not a person

The 7th U.S. Circuit Court of Appeals at Chicago is no fan of Bernhard Modern, a typeface used by a Chicago lawyer to the dismay of an appellate panel.

Jun 5, 2024 3:48 PM CDT

Trump could make these appellate arguments after trial he calls ‘rigged’

Former President Donald Trump said Friday he will appeal his hush-money election-interference conviction during a rambling speech in which he criticized the trial, the judge and the prosecution team.

Jun 3, 2024 11:03 AM CDT

How ghostwritten Supreme Court briefs are used as a strategy

Metadata offers a clue that a New York consumer fraud attorney who signed a U.S. Supreme Court brief was not the actual author.

May 21, 2024 12:02 PM CDT

Trump seeks court approval of $91.6 million bond while he appeals E. Jean Carroll verdict

Donald Trump secured a $91.6 million bond to delay execution of a jury verdict in E. Jean Carroll’s defamation lawsuit while he appeals, putting to rest questions about whether he could come up with the funds amid a cash crunch.

Mar 8, 2024 11:26 AM CST

Does narrowed question in Trump immunity case benefit special counsel? Some commentators think so

The U.S. Supreme Court avoided former President Donald Trump’s most extreme arguments—including that he has absolute immunity from prosecution for any acts while in office—when it crafted the question presented in its grant of certiorari Wednesday in the special counsel’s case over efforts to overturn the 2020 presidential election.

Feb 29, 2024 3:09 PM CST

BigLaw firm gets benchslapped for downplaying university deception in appellate brief’s facts section

Gibson, Dunn & Crutcher went too far when it used the facts section of an appellate brief to present “a one-sided narrative" that downplayed adverse findings against its client, according to an appeals court.

Feb 28, 2024 11:31 AM CST

Court scolds Weil partner for brief found to ‘incorporate by reference’ nearly 2,000 words from another document

A partner with Weil, Gotshal & Manges apparently missed an opinion telling his law firm that incorporating an argument by reference can’t be used to exceed word-count limits in briefs, according to the U.S. Court of Appeals for the Federal Circuit.

Feb 20, 2024 1:34 PM CST

Quinn Emanuel disclosure order highlights relatively new product: judgment preservation insurance

Quinn Emanuel Urquhart & Sullivan must disclose terms of judgment preservation insurance that it allegedly bought before distributing a $185 million fee award to partners, according to a U.S. Court of Federal Claims judge.

Jan 31, 2024 3:39 PM CST

Trump’s appeal of $83.3M defamation verdict will cite alleged conflict due to prior Paul Weiss employment

Former President Donald Trump will appeal the $83.3 million defamation verdict issued against him on Friday based partly on an alleged conflict of interest between the judge and Roberta Kaplan, the lawyer for plaintiff E. Jean Carroll.

Jan 29, 2024 10:00 AM CST

Is BigLaw mostly liberal? SCOTUS amicus briefs indicate answer is yes, especially in significant cases

Large law firms are showing their ideological leanings in U.S. Supreme Court amicus briefs filed on behalf of likely pro bono clients, according to a study by a law professor at the University of Notre Dame.

Jan 17, 2024 3:59 PM CST

Taking ‘legal long shot,’ Trump’s lawyers point to impeachment judgment clause in immunity argument

Lawyers for former President Donald Trump are taking their immunity argument to a federal appeals court after the U.S. Supreme Court on Dec. 22 rejected a request by special counsel Jack Smith to grant certiorari before judgment to quickly decide the issue.

Jan 2, 2024 2:16 PM CST

Was Jack Smith’s appointment unconstitutional? He has no more authority than Taylor Swift, amicus brief argues

Special counsel Jack Smith’s appointment was unconstitutional, leaving him powerless to obtain a quick U.S. Supreme Court decision on immunity claims by former President Donald Trump, according to an amicus brief signed by former U.S. Attorney General Edwin Meese and two law professors.

Dec 21, 2023 2:21 PM CST

What are Giuliani’s next steps after $148M defamation verdict? Can he afford appeal bond?

Updated: Rudy Giuliani, once a lawyer for former President Donald Trump, can’t immediately appeal a recent $148 million verdict against him for defaming two Georgia election workers.

Dec 18, 2023 10:00 AM CST