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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CA1: Hatian petitioner denied
Tropnas v. Gonzales, No. 06-2784 denies a petition of an artist and political dissident from Haiti. The First says that the denial was okay, because nine years passed since the harassment and threatening occurred and…
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CA1: Summary affirmance issue shelved
Loyo-Arevalo v. Mukasey, No. 07-2054 (unpublished) denies the petition for review of a Guatemalan. The First says that it “carefully” considered it. He claims that his political affiliations subjected him to some harassment. The agency…
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CA1: no habeas in dual-theory case
Leftwich v. Maloney, No. 06-2583. In this habeas case, Selya makes one thing clear: he knows how to use big words to keep the damned damned. He says there is one issue, “Was the evidence…
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CA1: asset purchase agreement saves hospital
Rodriguez-Rivera v. Federico Trilla Regional Hospital of Carolina, No. 07-1565 affirms a grant of summary judgment in a medical malpractice case. However, none of the legal issues have to do with medical malpractice. Instead, it…
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CA1: First says Gall doesn’t change much.
US v. Smith, No. 07-1684. The defendant appeals a sentence for reasonableness, and argues “...accuses the district court of paying lip service to the advisory nature of the guidelines while treating the GSR as presumptively…
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CA1: More briefing in Denmark v. Liberty Life
Denmark v. Liberty Life, No. 05-2877. The First dismisses a petition for rehearing en banc as moot, because the Supreme Court in MetLife v. Glenn, No. 06-923 (June 19, 2008), seems to have rejected the…
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How I help YOU read this blog
Because I just got caught up on a bunch of posts, I figured I should make reading my blog easier for you – the hopelessly lazy reader. So, without further ado, here are important issues…
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CA1: cut and paste brief goes nowhere
Rusli v. Gonzales, No. 06-1941 (6/27/08) (unpublished) summarily denies a petition for review by Indonesian Christian. It begins with this line: The brief filed by petitioners' counsel, Yan Wang, is a "cut and paste" affair…
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CA1: Gertner affirmed
US v. Taba, No. 06-2584 (6/27/08) (unpublished) grants the government’s motion for summary disposition after Judge Gertner, following a bench trial, entered a conviction for “conspiracy to distribute cocaine.” Strange. Didn’t the folks on the…
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CA1: Arbitration award vacated
Kashner Davidson v. Mscisz, No. 07-1231 (6/27/08). Want to see what a vacation of an arbitration looks like? Look here. The arbitration panel flip-flopped on whether its dismissal of counterclaims was a sanction or on…