Edward Kay的动态

On June 7, 2024, the Nevada Supreme Court adopted changes to the Nevada Rules of Appellate Procedure (NRAP) that govern appeals before the Nevada Supreme Court and the Nevada Court of Appeals. NRAP 1(a). The changes become effective prospectively on Aug. 15, 2024, to all pending cases and cases initiated after that date. In appeals before these courts, appellate attorneys should consider carefully reviewing these requirements. Likewise, trial attorneys should familiarize themselves with these rules, too, because the amended rules and unpreserved issues at the trial court level can make or break an appeal. For this reason, it is important to understand appellate practice and focus on these issues throughout the case. In major cases, attorneys should consider having an appellate lawyer on the trial team to help ensure preservation of issues. Read more in the #GTAlert authored by Elliot Anderson:

If you’re like FBT attorney William (Mike) Hensley, you pick up a few pointers over 40 years of litigating cases and defending your results on appeal. Here are six tips on how to prepare a complete record for appellate review and success.? ? https://lnkd.in/g4SNe6H6 #CommercialLitigation #Appeals #BusinessLitigation #AppellateLaw #CaliforniaLaw #SupremeCourt #Trial #Strategy

Congratulations to Andrew Harris on his recent appellate victory in the Fourth DCA, reversing the summary judgment entered against his client, a consumer justice attorney. The Fourth DCA reversed the lower court’s holding that Andrew’s client was bound by a settlement agreement’s non-disparagement clause, and a settlement agreement’s promise to not use a court-filed document in any other proceedings involving any other clients. Andrew’s client not only did not sign the settlement agreements, but he could not have agreed to these provisions under rules of professional conduct, as this would have inhibited his representation of other clients seeking legal redress in the courts. —- Multiple legal publications discussed the appellate decision and its implications. Andrew was quoted in Law360 saying: “In particular, the settlement agreement’s non-disparagement clause was particularly chilling on access to justice, as all lawsuits are inherently disparaging,” Harris said. “A holding that an attorney is bound by a non-disparagement clause, forever into the future regarding a company or corporation defendant, would essentially prevent that attorney from representing any other clients in lawsuits against that same company or corporation. Furthermore, no attorney should ever be limited in utilizing the knowledge he or she has gained in one lawsuit in other lawsuits on behalf of other clients.” We are proud of the outcome and thank our client and our client’s trial counsel, Joshua D. Horton, for entrusting Andrew and Harris Appeals with the appellate work. Use the link below to see the Fourth District’s ruling. https://lnkd.in/g-dmiHhZ

Waiving an argument on appeal is NOT GOOD. In the whirlwind of arguing complex motions or going through a trial, sometimes the last thing on an advocate's mind is preserving arguments. But, success on appeal starts at the trial level and preservation of arguments is key! A surefire way to get the appellate court to deem an argument "waived" is to raise the argument for the first time on appeal. This principle rings especially true for civil cases with "plain error review." A practice tip to avoid waiver is to conduct a complete analysis of your case and identify all legal issues, evidentiary concerns, and anything else that the lower court needs to rule on. Once you've completed your analysis, create a checklist and keep track of when you've raised each issue. Waiver is easy to avoid with preparation - trial attorneys should consider consulting appellate counsel who can help avoid this common pitfall. #appeals #waiver

Only one appellate decision meets my rough criteria for noting here this week - but there's an interesting short article worth linking. The ABA published a short piece about a recent conference program featuring several former appointed and acting solicitors general, which can be found here: https://lnkd.in/eQ7vzVhj Topics addressed include the Supreme Court's new oral argument format, the "shadow docket," and preparation for argument. As to the case, in Springston, et al. v. Springston, et al., the Arkansas Court of Appeals applied the "final appealable order" requirement from Ark. R. App. P. - Civ. 2(a)(1). Since the order appealed from "contemplate[d] further action by the court" it did not qualify as an appealable order. The discussion is short, but the reminder is worth the review. You can find the order here: https://lnkd.in/eac4M8YC

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Trial lawyers: it doesn't happen often, but the Court of Appeals just determined that the ends of justice exception to the contemporaneous objection rule (Va. Sup. Ct. R. 5A:18) applied. Don't forget to read Bell v. Commonwealth, a new published opinion (which also offers a good overview of contempt proceedings). As all of us know, it is harder than it looks to properly object and obtain a ruling on issues that arise unexpectedly (trust me, as a former trial lawyer, I get it!). But it is also critical to speak up if something doesn't seem right. Here, when the defendant was found in summary contempt for something that happened outside of court, the trial lawyer needed to object to his client not getting a hearing or any opportunity to contest the charge. It is better to attempt to object and explain why something seems wrong than to say nothing (even if you don't have a case or authority in front of you). Have questions? Contact me anytime. https://lnkd.in/evjagBWZ

When is an appeal appropriate? Every trial has a winner and a loser, and the unsuccessful litigants may consider filing an appeal. Knowing the appellate process and what it entails is crucial to determining whether an appeal is an appropriate next step.? Click here to learn more about when appeals are a viable option: https://lnkd.in/dGy-2EFW #appeals #trial #litigationattorney?

Understanding the distinction between post-trial motions and appeals is crucial for anyone involved in a legal proceeding. Both serve different purposes and follow distinct processes. Here's everything you should know: https://zurl.co/RDX5