SPU #7
•Download as PPTX, PDF•
0 likes•1,149 views
This document discusses the next steps that can be taken after receiving an appellate court decision. It outlines options for both winning and losing parties, including doing nothing and letting the decision stand, filing a motion for rehearing in the appellate court, or seeking further review in a higher court. Filing a motion for rehearing aims to correct errors in the appellate court's opinion or change the result, but has downsides like additional costs and potential delays. Opposing such a motion sometimes involves not responding or pointing out the motion raises nothing new. The document also discusses factors for the losing party to consider in deciding whether to pursue higher court review, such as the likelihood of review being granted based on statistics, dissenting opinions, conflicts among lower
Report
Share
Report
Share
Recommended
Ian Hempseed, Hempsons
A good deal more - negotiating for better contracts. Presented at NCVO Sustainable Funding Conference 2011: Adapt, Gain, Grow.
El nuevo orden internacional
El documento resume los procesos de descolonización y la formación de bloques durante la Guerra Fría en diferentes regiones del mundo. Se describe la reconstrucción de Europa occidental liderada por Estados Unidos y la expansión de la influencia soviética en Europa del Este y otras partes. También se analizan los movimientos independentistas en Asia y África contra las potencias coloniales europeas y la partición de Palestina e India.
SPU #3
This document provides an overview of topics related to handling an appeal, including:
1) Deciding whether to appeal by considering cost, likelihood of success, and ethical issues. It's important to evaluate the merits of the case and give the client a cost estimate.
2) Preliminary matters such as determining jurisdiction, filing a notice of appeal, following timetables, and docketing the case in the appellate court. Compliance with procedural rules is important.
3) Ensuring the appellate record is complete so the appellate court can decide the issues on the merits. The record must show what occurred in the lower court.
Overseeing Appellate Litigation General Counsels Guide
This document provides guidance for general counsels on overseeing appellate litigation. It discusses key differences between trial and appellate practice, how to assess the chances of winning an appeal, factors that determine if a case will have long-term impact or potential for publication, and tips for reviewing appellate counsel's work and costs. The document emphasizes understanding the appellate process and standard of review to properly manage appeals.
Georgetown_L_and_E
1) Antitrust analysis has become increasingly complex and relies more on economic experts and rigorous analysis.
2) The study finds that cases involving complex economic evidence are appealed at a higher rate, around 10% more often.
3) Decisions made by judges who received basic economic training are appealed less frequently, around 10% less often, for simpler cases. However, training did not reduce appeals for complex cases.
The rise and fall of the antitrust class action – S W Waller, Loyola Universi...
The rise and fall of the antitrust class action – S W Waller, Loyola Universi...OECD Directorate for Financial and Enterprise Affairs
This presentation by Professor Spencer Weber Waller, Loyola University Chicago School of Law, was made during the discussion on "Addressing competition challenges in financial markets" held at the 2017 Latin American and Caribbean Competition Forum (4-5 April 2017 – Managua, Nicaragua). More papers and presentations can be found at oe.cd/laccf.What is Judicial Review Sprott Lab Rels June 16 2012
Judicial review allows courts to review administrative decisions like arbitration awards to ensure they were made correctly according to the proper legal process and standards. The court examines the entire decision making process but does not redecide the case merits. Grounds for judicial review include procedural errors, errors of fact or law, and decisions found to be unreasonable. Remedies can include quashing the decision or remitting it back for a rehearing.
Extracreditextracreditextracreditextraextra
The document discusses different types of cases that can be used in persuasion. It describes the three main case alternatives for the affirmative ("pro") side: problem-solution, advantages, and residues. Problem-solution argues there is a problem with the status quo. Advantages states there is something better than the status quo. Residues say that all alternatives but one are unacceptable. It also outlines the three case alternatives for the negative ("con") side: straight refutation, defense of the status quo with minor repairs, and counterproposal.
Recommended
Ian Hempseed, Hempsons
A good deal more - negotiating for better contracts. Presented at NCVO Sustainable Funding Conference 2011: Adapt, Gain, Grow.
El nuevo orden internacional
El documento resume los procesos de descolonización y la formación de bloques durante la Guerra Fría en diferentes regiones del mundo. Se describe la reconstrucción de Europa occidental liderada por Estados Unidos y la expansión de la influencia soviética en Europa del Este y otras partes. También se analizan los movimientos independentistas en Asia y África contra las potencias coloniales europeas y la partición de Palestina e India.
SPU #3
This document provides an overview of topics related to handling an appeal, including:
1) Deciding whether to appeal by considering cost, likelihood of success, and ethical issues. It's important to evaluate the merits of the case and give the client a cost estimate.
2) Preliminary matters such as determining jurisdiction, filing a notice of appeal, following timetables, and docketing the case in the appellate court. Compliance with procedural rules is important.
3) Ensuring the appellate record is complete so the appellate court can decide the issues on the merits. The record must show what occurred in the lower court.
Overseeing Appellate Litigation General Counsels Guide
This document provides guidance for general counsels on overseeing appellate litigation. It discusses key differences between trial and appellate practice, how to assess the chances of winning an appeal, factors that determine if a case will have long-term impact or potential for publication, and tips for reviewing appellate counsel's work and costs. The document emphasizes understanding the appellate process and standard of review to properly manage appeals.
Georgetown_L_and_E
1) Antitrust analysis has become increasingly complex and relies more on economic experts and rigorous analysis.
2) The study finds that cases involving complex economic evidence are appealed at a higher rate, around 10% more often.
3) Decisions made by judges who received basic economic training are appealed less frequently, around 10% less often, for simpler cases. However, training did not reduce appeals for complex cases.
The rise and fall of the antitrust class action – S W Waller, Loyola Universi...
The rise and fall of the antitrust class action – S W Waller, Loyola Universi...OECD Directorate for Financial and Enterprise Affairs
This presentation by Professor Spencer Weber Waller, Loyola University Chicago School of Law, was made during the discussion on "Addressing competition challenges in financial markets" held at the 2017 Latin American and Caribbean Competition Forum (4-5 April 2017 – Managua, Nicaragua). More papers and presentations can be found at oe.cd/laccf.What is Judicial Review Sprott Lab Rels June 16 2012
Judicial review allows courts to review administrative decisions like arbitration awards to ensure they were made correctly according to the proper legal process and standards. The court examines the entire decision making process but does not redecide the case merits. Grounds for judicial review include procedural errors, errors of fact or law, and decisions found to be unreasonable. Remedies can include quashing the decision or remitting it back for a rehearing.
Extracreditextracreditextracreditextraextra
The document discusses different types of cases that can be used in persuasion. It describes the three main case alternatives for the affirmative ("pro") side: problem-solution, advantages, and residues. Problem-solution argues there is a problem with the status quo. Advantages states there is something better than the status quo. Residues say that all alternatives but one are unacceptable. It also outlines the three case alternatives for the negative ("con") side: straight refutation, defense of the status quo with minor repairs, and counterproposal.
Getting Paid on Your Delinquent Account 2
Covers topics from assessing your customer's ability to pay, to repayment agreements, to collection suits to arbitration and mediation.
Assessing Your Results
Presented at Continuing Legal Education Society of British Columbia workshop, "Legal Research", December 2004, to accompany paper of the same name.
How Food Companies Can Reduce Legal Costs
The document discusses ways that food companies can work with outside counsel to reduce costs associated with product liability lawsuits and recalls. It recommends designating an "quarterback" attorney from the outside firm to coordinate crisis response and litigation efforts. Additional recommendations include developing a crisis management plan, estimating settlement and litigation costs upfront, creating detailed discovery and motion plans, considering alternative dispute resolutions, efficiently staffing matters, coordinating multi-state efforts, negotiating discounts with vendors, closely reviewing bills, and conducting reviews to improve future responses. The goal is to leverage outside counsel as a resource to help control costs rather than just viewing them as an emergency expense.
Knobbe Martens Webinar Series: Strategic Considerations in Controlling the Sp...
Partners Mauricio Uribe, David Schmidt and Vlad Teplitskiy presented a webinar focused on strategic considerations in controlling speed of prosecution in USPTO.
Stays of Litigation Pending Post-AIA Patent Review
Brief overview of post-AIA patent review procedures, overview of post-AIA stays of litigation pending patent review, and the analysis of district court orders on motions to stay pending patent review
The Resolution Of Disputes
The document discusses various methods for resolving disputes, including litigation and alternative dispute resolution. It provides details on civil and criminal court processes, as well as hierarchical court structures. It also outlines pre-trial procedures, trials, judgments, and methods of enforcing judgments. Additionally, it discusses administrative law and tribunals, judicial review, and alternative dispute resolution methods like negotiation, mediation, and arbitration.
Herding Cats Fabian Icci
Slides presented at various locations by Richard Fabian, General Counsel of RiverStone Resources, re litigation management in complex litigated disputes.
Changes in Administrative Litigation at Utah DEQ
The focus is on permit adjudication, but there are non-permit challenge, evidentiary, trial like cases still, mostly enforcement actions.
U302 part b reforming the civil justice system
The document discusses various factors that can affect the ability of Australia's civil justice system to achieve the principles of justice, including costs, time, and accessibility. It analyzes how factors like legal costs, VCAT costs, court delays, and lack of rural services can both limit and enhance the system's effectiveness. It also examines recent reforms aimed at improving timeliness, such as stricter appeals processes and increased use of case management powers. Overall, the document provides a detailed overview of challenges facing the civil justice system and debates around how to best achieve fairness, equality, and access.
Family Law
Our family lawyers provide expert legal service with a degree of care and sensitivity not always apparent in family lawyers. We have family lawyers to covers most regions of Sydney, but specialise in family law Liverpool, Bankstown, Campbelltown, Blacktown, Penrith, and Parramatta.
Class Actions Close-Up
Recent Developments and What You Should Know for the Most Effective Early Evaluation, Management, and Resolution of Class Actions
Aw burlington pres_enforcement_and_insolvency
Adam Wonnacott gave a presentation on effective enforcement methods, comparing High Court Enforcement to alternative methods such as statutory demands and insolvency procedures. High Court Enforcement involves enforcing court judgments through High Court Enforcement Officers who can seize and sell a debtor's goods. It works well when the debtor has assets but may not be suitable if the debt is disputed. Alternative methods include statutory demands, charging orders, and starting insolvency proceedings, with the most appropriate method depending on the specific circumstances of the case and debtor. Wonnacott advised working closely with Enforcement Officers and establishing expectations around payment arrangements, reporting, and key contacts.
Watkins Meegan Lunch & Learn: Bid Protests
Learn The Difference Between Winning a Contract or Walking Away Empty-Handed!
There are two types of government contractors: those that have been a party to a bid protest and those that will soon find themselves involved in a protest.
As federal budgets continue to shrink, the competition between contractors' increases and the number of bid protests will rise.
Workouts and Liquidations
The document discusses different options available to distressed debtors including bankruptcies, out-of-court workouts and liquidations, and assignments for the benefit of creditors. It provides details on the advantages and disadvantages of each option from the perspectives of both debtors and creditors. Key factors in determining the best option include the debtor's situation, ability to repay debts, and maintaining business relationships.
Redress Solutions | Planning a successful legal claim
The three-steps guide for successful litigation procedures. Information about third-party litigation funding included. Worthwhile literature provided by Redress Solutions, London, UK.
SPU #5
This document provides guidance on preparing an appellee's brief in response to an appellant's brief on appeal. It discusses selecting issues to respond to, shaping the appellant's issues favorably, and adding any additional issues. The appellee's brief should tell their version of the story factually, disclose any bad facts, and point out inconsistencies with the standard of review. It should respond to the appellant's arguments, distinguish their cited cases, and show how the standards of review have not been met. The appellee can also assert independent grounds for affirmance and argue that any error was harmless. The relief requested should specifically ask the court to affirm, modify and affirm, or alternatively remand for further proceedings. Filing cross-appe
Knobbe Martens Webinar Series: Strategic Considerations in Controlling the Sp...
Attorneys David Schmidt, Ph.D., Heungsoo Choi, and Of Counsel Hironori Kubota presented a detailed webinar focusing on Strategic Considerations in Controlling the Speed of Prosecution at the USPTO.
ADR Skills for Judges
1. The goal of alternative dispute resolution (ADR) like mediation is to help disputing parties resolve conflicts earlier than if they continued in court to avoid increased costs and damage to business relationships.
2. Mediation works best when the neutral third party mediator acts as a trusted advisor and helps the parties focus on the underlying business problem rather than legal issues in order to find a mutually agreeable solution.
3. Effective mediation uses various techniques like reality testing, evaluating settlement costs, and addressing parties' interests to help them change perspectives and reach an agreement.
2017 04-07 ytio hockema cle slidedeck
This document provides guidance on the critical steps after concluding a state civil trial, including strategies for obtaining appellate attorney fees, formulating a final judgment, requesting findings of fact and conclusions of law, preserving errors for appeal, enforcing and superseding the judgment, and taking an initial appeal. It outlines estimating appellate attorney fees, crafting a proposed judgment, filing requests for findings of fact and conclusions of law, preserving post-verdict errors, perfecting an appeal, and advising clients on realistic expectations for appeal. Key steps to perfecting an appeal include filing a notice of appeal, docketing statement, requesting the clerk's and reporter's records, and using the new Attorney Portal resources.
2016 05-12 south texas cle jury charges
The document summarizes key aspects of jury charge practice in commercial cases. It discusses the fundamentals of jury charges, which are made up of questions, definitions, and instructions. It outlines the transition in Texas from granulated special issue charges to broader form submissions, aiming to reduce conflicting answers and appeals. The document also summarizes the Casteel line of cases, which established that harm is presumed if a jury charge improperly combines valid and invalid liability theories or damage elements, preventing determination of the basis for the verdict. Litigants must consider these rulings in strategic decisions around broad form submissions.
2015-09-11 Advanced Appellate MDL Presentation
Brandy Wingate Voss's presentation on transfer proceedings before the Judicial Panel on Multidistrict Litigation.
TexasBarCLE Advanced Appellate Social Media Presentation
This document discusses lawyers' and judges' use of social media. It defines social media and lists popular platforms like Facebook, Twitter, and LinkedIn. It notes the large number of users on these platforms, demonstrating social media's power. The document advises lawyers to use social media for branding, listening, engaging, and building relationships, but to avoid overt selling, flaming, and accepting all friend requests. It cautions lawyers and judges to consider ethics rules to avoid problems like false advertising or lack of impartiality. Overall, it presents social media as an important communication tool if used properly.
More Related Content
Similar to SPU #7
Getting Paid on Your Delinquent Account 2
Covers topics from assessing your customer's ability to pay, to repayment agreements, to collection suits to arbitration and mediation.
Assessing Your Results
Presented at Continuing Legal Education Society of British Columbia workshop, "Legal Research", December 2004, to accompany paper of the same name.
How Food Companies Can Reduce Legal Costs
The document discusses ways that food companies can work with outside counsel to reduce costs associated with product liability lawsuits and recalls. It recommends designating an "quarterback" attorney from the outside firm to coordinate crisis response and litigation efforts. Additional recommendations include developing a crisis management plan, estimating settlement and litigation costs upfront, creating detailed discovery and motion plans, considering alternative dispute resolutions, efficiently staffing matters, coordinating multi-state efforts, negotiating discounts with vendors, closely reviewing bills, and conducting reviews to improve future responses. The goal is to leverage outside counsel as a resource to help control costs rather than just viewing them as an emergency expense.
Knobbe Martens Webinar Series: Strategic Considerations in Controlling the Sp...
Partners Mauricio Uribe, David Schmidt and Vlad Teplitskiy presented a webinar focused on strategic considerations in controlling speed of prosecution in USPTO.
Stays of Litigation Pending Post-AIA Patent Review
Brief overview of post-AIA patent review procedures, overview of post-AIA stays of litigation pending patent review, and the analysis of district court orders on motions to stay pending patent review
The Resolution Of Disputes
The document discusses various methods for resolving disputes, including litigation and alternative dispute resolution. It provides details on civil and criminal court processes, as well as hierarchical court structures. It also outlines pre-trial procedures, trials, judgments, and methods of enforcing judgments. Additionally, it discusses administrative law and tribunals, judicial review, and alternative dispute resolution methods like negotiation, mediation, and arbitration.
Herding Cats Fabian Icci
Slides presented at various locations by Richard Fabian, General Counsel of RiverStone Resources, re litigation management in complex litigated disputes.
Changes in Administrative Litigation at Utah DEQ
The focus is on permit adjudication, but there are non-permit challenge, evidentiary, trial like cases still, mostly enforcement actions.
U302 part b reforming the civil justice system
The document discusses various factors that can affect the ability of Australia's civil justice system to achieve the principles of justice, including costs, time, and accessibility. It analyzes how factors like legal costs, VCAT costs, court delays, and lack of rural services can both limit and enhance the system's effectiveness. It also examines recent reforms aimed at improving timeliness, such as stricter appeals processes and increased use of case management powers. Overall, the document provides a detailed overview of challenges facing the civil justice system and debates around how to best achieve fairness, equality, and access.
Family Law
Our family lawyers provide expert legal service with a degree of care and sensitivity not always apparent in family lawyers. We have family lawyers to covers most regions of Sydney, but specialise in family law Liverpool, Bankstown, Campbelltown, Blacktown, Penrith, and Parramatta.
Class Actions Close-Up
Recent Developments and What You Should Know for the Most Effective Early Evaluation, Management, and Resolution of Class Actions
Aw burlington pres_enforcement_and_insolvency
Adam Wonnacott gave a presentation on effective enforcement methods, comparing High Court Enforcement to alternative methods such as statutory demands and insolvency procedures. High Court Enforcement involves enforcing court judgments through High Court Enforcement Officers who can seize and sell a debtor's goods. It works well when the debtor has assets but may not be suitable if the debt is disputed. Alternative methods include statutory demands, charging orders, and starting insolvency proceedings, with the most appropriate method depending on the specific circumstances of the case and debtor. Wonnacott advised working closely with Enforcement Officers and establishing expectations around payment arrangements, reporting, and key contacts.
Watkins Meegan Lunch & Learn: Bid Protests
Learn The Difference Between Winning a Contract or Walking Away Empty-Handed!
There are two types of government contractors: those that have been a party to a bid protest and those that will soon find themselves involved in a protest.
As federal budgets continue to shrink, the competition between contractors' increases and the number of bid protests will rise.
Workouts and Liquidations
The document discusses different options available to distressed debtors including bankruptcies, out-of-court workouts and liquidations, and assignments for the benefit of creditors. It provides details on the advantages and disadvantages of each option from the perspectives of both debtors and creditors. Key factors in determining the best option include the debtor's situation, ability to repay debts, and maintaining business relationships.
Redress Solutions | Planning a successful legal claim
The three-steps guide for successful litigation procedures. Information about third-party litigation funding included. Worthwhile literature provided by Redress Solutions, London, UK.
SPU #5
This document provides guidance on preparing an appellee's brief in response to an appellant's brief on appeal. It discusses selecting issues to respond to, shaping the appellant's issues favorably, and adding any additional issues. The appellee's brief should tell their version of the story factually, disclose any bad facts, and point out inconsistencies with the standard of review. It should respond to the appellant's arguments, distinguish their cited cases, and show how the standards of review have not been met. The appellee can also assert independent grounds for affirmance and argue that any error was harmless. The relief requested should specifically ask the court to affirm, modify and affirm, or alternatively remand for further proceedings. Filing cross-appe
Knobbe Martens Webinar Series: Strategic Considerations in Controlling the Sp...
Attorneys David Schmidt, Ph.D., Heungsoo Choi, and Of Counsel Hironori Kubota presented a detailed webinar focusing on Strategic Considerations in Controlling the Speed of Prosecution at the USPTO.
ADR Skills for Judges
1. The goal of alternative dispute resolution (ADR) like mediation is to help disputing parties resolve conflicts earlier than if they continued in court to avoid increased costs and damage to business relationships.
2. Mediation works best when the neutral third party mediator acts as a trusted advisor and helps the parties focus on the underlying business problem rather than legal issues in order to find a mutually agreeable solution.
3. Effective mediation uses various techniques like reality testing, evaluating settlement costs, and addressing parties' interests to help them change perspectives and reach an agreement.
Similar to SPU #7 (18)
Knobbe Martens Webinar Series: Strategic Considerations in Controlling the Sp...
Knobbe Martens Webinar Series: Strategic Considerations in Controlling the Sp...
Stays of Litigation Pending Post-AIA Patent Review
Stays of Litigation Pending Post-AIA Patent Review
Redress Solutions | Planning a successful legal claim
Redress Solutions | Planning a successful legal claim
Knobbe Martens Webinar Series: Strategic Considerations in Controlling the Sp...
Knobbe Martens Webinar Series: Strategic Considerations in Controlling the Sp...
More from D. Todd Smith
2017 04-07 ytio hockema cle slidedeck
This document provides guidance on the critical steps after concluding a state civil trial, including strategies for obtaining appellate attorney fees, formulating a final judgment, requesting findings of fact and conclusions of law, preserving errors for appeal, enforcing and superseding the judgment, and taking an initial appeal. It outlines estimating appellate attorney fees, crafting a proposed judgment, filing requests for findings of fact and conclusions of law, preserving post-verdict errors, perfecting an appeal, and advising clients on realistic expectations for appeal. Key steps to perfecting an appeal include filing a notice of appeal, docketing statement, requesting the clerk's and reporter's records, and using the new Attorney Portal resources.
2016 05-12 south texas cle jury charges
The document summarizes key aspects of jury charge practice in commercial cases. It discusses the fundamentals of jury charges, which are made up of questions, definitions, and instructions. It outlines the transition in Texas from granulated special issue charges to broader form submissions, aiming to reduce conflicting answers and appeals. The document also summarizes the Casteel line of cases, which established that harm is presumed if a jury charge improperly combines valid and invalid liability theories or damage elements, preventing determination of the basis for the verdict. Litigants must consider these rulings in strategic decisions around broad form submissions.
2015-09-11 Advanced Appellate MDL Presentation
Brandy Wingate Voss's presentation on transfer proceedings before the Judicial Panel on Multidistrict Litigation.
TexasBarCLE Advanced Appellate Social Media Presentation
This document discusses lawyers' and judges' use of social media. It defines social media and lists popular platforms like Facebook, Twitter, and LinkedIn. It notes the large number of users on these platforms, demonstrating social media's power. The document advises lawyers to use social media for branding, listening, engaging, and building relationships, but to avoid overt selling, flaming, and accepting all friend requests. It cautions lawyers and judges to consider ethics rules to avoid problems like false advertising or lack of impartiality. Overall, it presents social media as an important communication tool if used properly.
TYLA New Lawyer Talk
This document discusses ethical issues related to lawyers' use of social media for professional purposes. It begins by noting that newer lawyers are more comfortable sharing information online as part of the "Facebook generation." It then outlines Texas rules regarding lawyer advertising and promotion. The document explains that while social media allows lawyers to establish an online presence and brand, lawyers must be careful not to violate rules against false or misleading communications or prohibited solicitations. It provides guidance on determining what types of social media posts would be considered advertisements subject to filing requirements. The key is for lawyers to exercise caution and good judgment to avoid potential discipline or liability under barratry statutes for violating advertising rules through their social media use.
Supersedeas Austin Bar 2015
D. Todd Smith's presentation on superseding Travis County District Court judgments to the Austin Bar Civil Appellate Law Section on January 15, 2015.
140226 TYLA Success Slidedeck
D. Todd Smith's presentation at the 2014 TexasBarCLE program entitled Success Strategies and Key Lessons for Young Lawyers
Social Media and Ethics Rules: Dos and Don'ts
This document discusses ethics rules for lawyers using social media. It provides an overview of advertising rules and why lawyers may want to use social media to promote their practice. While social media can help establish a personal brand and reach clients, lawyers must be careful not to violate ethics rules which prohibit false or misleading statements. The document reviews specific social media platforms and provides examples of posts that may or may not violate rules depending on how they are worded. Lawyers are advised to exercise caution and focus on providing informative, rather than soliciting, content.
2013 09-13 How to Handle Cross-Appeals
This document discusses handling cross-appeals under Texas rules. It notes that since 1997, a party seeking to alter a trial court's judgment must file a notice of appeal. It outlines complications that can arise in cross-appeals, such as whether a cross-appellant must pay filing fees or submit a docketing statement. The document proposes potential solutions like motion practice to address briefing issues and recommends amending the Texas Rules of Appellate Procedure to make cross-appeals more efficient, drawing on models like the Federal Rules of Appellate Procedure.
2013-06-20 Smith Ignite SBOT Slidedeck
D. Todd Smith was one of ten featured speakers at the first-ever "Ignite SBOT" program, which took place on June 20, 2013 during the State Bar's Annual Meeting in Dallas. Smith's topic was "Taking the Paper Out of Your Law Practice."
Ignite® talks are five-minute presentations accompanied by 20 slides, which auto-advance every 15 seconds. Once an Ignite® presentation begins, the slides start advancing and do not stop until the speaker's time is up.
2013 04-11 principled appellate decisions
This document discusses factors that appellate judges should consider to reach principled appellate decisions. It examines the concepts of stare decisis, standards of review, and analyzing the sufficiency of evidence. Principled appellate decisions adhere to precedent, identify the correct standard of review, address all arguments raised, and do not rely on unassigned issues or unnecessary dicta. The document provides examples and "sound bites" from appellate practitioners on properly applying these concepts.
2013-01-10 Attorney Advertising Update
This document discusses attorney advertising rules as they relate to social media, websites, and blogs. It notes that while social media can help lawyers promote their practice in a crowded legal market, communications must comply with rules against false or misleading information. The document reviews the purpose of advertising rules to protect the public, and notes that rule violations could now subject lawyers to civil liability for barratry. It provides guidance on using social media ethically without running afoul of filing requirements for advertisements.
2012 federal court transitioning slidedeck
1. A final judgment resolves all claims of all parties, but some related claims like attorney fees or abandoned claims do not need to be resolved for a judgment to be considered final.
2. For appellate deadlines, the time begins when the final judgment is entered on a separate document stating only the winner, relief awarded, and that it is a judgment.
3. If no separate document is filed, the ruling can still be appealed after 150 days, and the requirement can be waived by filing a notice of appeal.
Aba real estate ppt (final)
This document discusses integrating social media into a law practice. It provides examples of major social media platforms for lawyers like Twitter, Facebook, LinkedIn and YouTube. It outlines reasons to use social media like establishing brand, sharing expertise, and informing clients of events. The document discusses social media etiquette and what not to post. It covers ethical considerations regarding advertising rules and comments from the Bar on blogs, status updates and landing pages. Finally, it examines examples from LinkedIn and cautions about potential violations of disciplinary rules regarding comparisons and confidentiality.
2012 06-15 sbot using modern marketing tools in compliance with disciplinary ...
This document discusses using modern marketing tools like social media for lawyers while complying with disciplinary advertising rules. It notes that while social media can help lawyers market themselves and their firms, communications on social media must avoid false, misleading, or deceptive content to avoid disciplinary action or civil liability. The Advertising Review Committee has provided guidance that most educational or informational blog posts and social media updates do not require filing, but lawyers should be careful not to cross the line into impermissible advertising. The key is exercising good judgment regarding what content triggers the filing requirements.
Standards of Review 2012
This document discusses standards of review that define the relationship between trial and appellate courts. It explains that standards of review shape appellate arguments and frame the issues and depth of review. The major standards discussed are de novo, abuse of discretion, and evidentiary sufficiency. De novo review involves no deference to the trial court. Abuse of discretion review examines whether a decision was arbitrary, unreasonable, or without reference to guiding rules. The document provides guidance on analyzing rulings for abuse of discretion. It also summarizes key points regarding evidentiary sufficiency from City of Keller v. Wilson, including when contrary evidence can be considered.
Default Judgments Presentation
D. Todd Smith's slide presentation on default judgments at the 2012 South Texas Insurance Law Seminar.
Supersedeas Advanced 2012
Slidedeck from D. Todd Smith's presentation on current issues in Texas supersedeas law at the 2012 Advanced Civil Appellate Practice Course.
Adaptable Lawyer 2012 Slidedeck
An overview of how Texas appellate lawyers are adapting to new e-filing requirements in state and federal appellate courts.
SMLAA Webinar Slidedeck
The presentation seeks to educate trial lawyers on issues that arise following a jury verdict, including: formulating or opposing a final judgment from the verdict (including interest and other elements); calculating post-verdict deadlines; when the judgment is "final" for purposes of appeal vs. execution; superseding the judgment (what and for how long; options); preservation of error; perfecting appeal and getting the record; advising the client on realistic appellate expectations (timing, cost, and outcomes)—including what to prove up regarding appellate attorney's fees.
More from D. Todd Smith (20)
TexasBarCLE Advanced Appellate Social Media Presentation
TexasBarCLE Advanced Appellate Social Media Presentation
2012 06-15 sbot using modern marketing tools in compliance with disciplinary ...
2012 06-15 sbot using modern marketing tools in compliance with disciplinary ...
SPU #7
- 1. Appellate Practice & ProcedureClass #7:Rehearing and Higher Court Review presented by D. Todd Smith http://texasappellatelawblog.com for Solo Practice University™
- 2. Introduction You have received a decision from the appellate court. It goes your way—or not—and you have notified the client of the basic outcome What are the next steps? What factors should you consider in advising your client what, if anything, to do next?
- 6. To try and change the result
- 7. Possibly to preserve error for higher court review
- 10. Avoids unnecessary expense As appropriate, point out that the motion raises nothing the court of appeals hasn’t seen (and rejected) before Make arguments in opposition to the movant’s
- 14. Is there a dissenting opinion?
- 15. Do the lower courts’ opinions conflict?
- 17. Importance of the issue
- 19. Does it make sense to go on?
- 20. If client loses, potential for additional post-judgment interest and (if awarded) appellate attorneys’ fees Even if successful, resolution can take years
- 21. Basic Strategy for Petitioner As petitioner, can you make a good case for review? If you can, in light of the considerations outlined above, your chances are increased But always ask whether moving forward is in the client’s best interest Economics usually the biggest consideration
- 23. The case really isn’t important to anyone but the parties
- 24. The court of appeals’ decision is limited to its facts
- 25. There is no real conflict among the lower courts
- 26. The higher court isn’t in the business of error correction Otherwise, much the same strategy as an appellee
- 27. Next Time(our last class)
- 28. Appellate Practice & ProcedureClass #8:Tips and Strategies for Marketing an Appellate Practice presented by D. Todd Smith http://texasappellatelawblog.com for Solo Practice University™