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Appellate Procedure

652 published works

  1. Commercial Case Notes

    Movant Cannot Appeal the Refusal to Sign an Order to Show Cause

    By John Lundin

    On October 20, 2026, the First Department issued a decision in United States Fire Ins. Co. v. Palin, 2026 NY Slip Op. 06080, holding that a movant cannot appeal the…

  2. Southern California Appellate News

    Big change coming for CA appellate records!

    By Benjamin G. Shatz

    On Friday, October 16, the Judicial Council approved numerous proposals affecting appellate practice, including proposal 26-115 requiring the use of appendixes in (most) civil appeals. This rule, effective Jan. 1, 2027, will…

  3. The Indian Lawyer Blog

    LIMITATION FOR A SECTION 62 IBC APPEAL STARS FROM PRONOUNCEMENT OF NCLAT ORDER, NOT FROM RECEIPT OF CERTIFIED COPY

    By The Indian Lawyer

    Introduction On 14 October 2026, a Bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria of the Supreme Court held that the limitation period for an appeal under Section 62…

  4. Commercial Case Notes

    Party May Not Appeal Decision on Motion it Did Not Oppose

    By John Lundin

    On October 6, 2026, the First Department issued a decision in Brice v. Two Sigma Inv. Solutions, LP, 2026 NY Slip Op. 05717, holding that a party may not appeal…

  5. North Carolina Appellate Practice Blog

    Court of Appeals Clarifies When a Written Order May Differ from the Orally Rendered Decision

    By Matthew Nis Leerberg

    If you’ve been practicing in North Carolina long enough, you have undoubtedly encountered this fact pattern:  A judge issues a ruling from the bench and asks the prevailing party to…

  6. Ohio Appellate Insights

    Redefining finality: The impact of Drushal and Doberdruk on Ohio foreclosure appeals

    By Terry Posey, Brad Hughes

    The Supreme Court of Ohio recently dismantled a long-standing procedural shield used by lenders and creditors to finalize foreclosure judgments. In the summer of 2026, the court issued critical decisions—specifically…

  7. California Attorney's Fees

    POOF!, Trade Secrets: $40 Million Jury Verdict And Over $17 Million Fee Award In Defend Trade Secrets Act Case Went POOF! On Appeal

    By William M. (Mike) Hensley

    The Reason Was That The Lower Court Prejudicially Misallocated The Burden Of Dis-Proof To The Defense. Misallocation of the burden of proof, if not harmless error, can lead to disastrous…

  8. Slaw

    The Court of Appeal’s Consideration of Sault Dock: A New Test, Refinement or More of the Same?

    By Patricia Hughes

    INTRODUCTION The Ontario Court of Appeal’s (“CA”) recent decision in Knauff v. Ontario (Human Rights Tribunal) (“Knauff”) sought to resolve two CA panels’ disagreement about the continuing relevance of the…

  9. Zalma on Insurance

    Unwise for a Appellant to Represent Himself.

    By Barry Zalma

    Inadequately Briefed Issues Defeats Appeal Post 4852 Issues on Appeal Must be Adequately Briefed In Emy Ojekwe v. Connecticut Transit District Consortium, No. AC 47389, Court of Appeals of Connecticut…

  10. Maine Appeals

    It Ain’t Over ‘Till It’s Over: The Perils of Manufacturing Finality

    By Joshua D. Dunlap

    “It ain’t over ‘till it’s over,” depending on your point of view, may be a Yogi-ism (as to baseball and life) or a Lenny Kravitz refrain (as to relationships).  But…