Is there anything appellate lawyers can learn from the recent high-profile telephonic oral argument held in the Ninth Circuit in Washington v. Trump? A Defense Research Institute Appellate Advocacy Committee teleconference recently endeavored to answer that question. The speakers were
Latest from Massachusetts Appellate Blog - Page 2
The SJC Defends Environmental Bloggers’ Right to SLAPP Back in Defamation Suit
In Cardno ChemRisk, LLC v. Foytlin, 476 Mass. 479 (2017), the Supreme Judicial Court held that the anti-SLAPP statute protected two bloggers’ critical opinions contained in a blog post directed at a scientific consulting firm working for British Petroleum (“BP”)
Chapter 93A Damages Do Not Include Post-Judgment Interest Accrued on an Underlying Judgment
Addressing an issue of first impression, the Supreme Judicial Court (SJC) announced last week that an insurer’s liability for multiple damages under Chapter 93A for unfair claim settlement practices committed in violation of Chapter 176D does not include the post-judgment
First Circuit Clarifies Scope of Duty to Defend and Indemnify Under a Standard Form Homeowner’s Policy
In a recent, precedent-setting opinion, the First Circuit Court of Appeals addressed several significant issues involving liability insurance coverage. Sanders v. Phoenix Ins. Co., 843 F.3d 37 (1st Cir. 2016).[1]
As characterized by Judge Selya, the facts of the
Not Quite a Final Judgment: Steering Clear of the Perils in Filing a Notice of Appeal
The Massachusetts Appeals Court recently decided two issues of first impression in a case arising out of a mediated settlement gone bad. See ZVI Construction Co. v. Levy, 90 Mass. App. Ct. 412 (2016) (“ZVI”). The court determined that there
What Will The Courtrooms Of The 2020s Look Like?
I recently attended a presentation by futurist Michael Rogers that sparked me to think about what the courtrooms of the 2020s might look like. According to Rogers, one of the next big advances in technology will be augmented reality devices,
Supreme Judicial Court: Further Appellate Review or Direct Appellate Review?
Lawyers with little or no experience in the Massachusetts Supreme Judicial Court may not be familiar with the two routes to review by the SJC, and how the chances of obtaining review can differ significantly between the two procedures. An
Students Do Not Have Standing to Pursue An Injunction Against Harvard University From Investing in Fossil Fuel Companies
On June 7, 2016, the Appeals Court heard oral argument for Harvard Climate Justice Coalition v. President and Fellows of Harvard College (AC 15-P-0905). Harvard Climate Justice Coalition, an unincorporated association of students at Harvard University (“Students”), appealed from a
Appeals Court Holds That An Employer’s Failure To Maintain Workers’ Compensation Insurance Results In An Automatic Three-Year Debarment
Addressing an issue of first impression, the Appeals Court recently held that an employer who fails to maintain a workers’ compensation policy in violation of the Massachusetts Workers’ Compensation Act, G.L. c. 152, et seq., is automatically debarred from
INTERVIEW WITH FORMER SJC ASSOCIATE JUSTICE CHARLES FRIED – PART II OF II
In Part I of our interview with former Supreme Judicial Court Associate Justice Charles Fried, he offered advice to Massachusetts appellate lawyers on brief writing and preparing for oral argument. As promised, in Part II, Fried shares some examples of