Category Archives: Appellate Practice

Law nerd alert: An examination of New Mexico’s unique case-citation rule

Peter W. Martin, the Jane M. G. Foster Professor of Law (Emeritus) at Cornell Law School, has a blog which is a law nerd’s delight. The blog is called Citing Legally: Occasional observations concerning the citation of legal authorities by … Continue reading

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Check out the (relatively) new appellate blog, “I Object!”

I recently learned of the very helpful I Object! A Blog on Preservation of Error, which was started in October 2014 by the Florida law firm of Carlton Fields Jorden Burt. As the name implies, the blog addresses the finer points of … Continue reading

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10th Circuit: Appellant must actually explain how the trial court erred to win on appeal

“The first task of an appellant is to explain to us why the district court’s decision was wrong.” So begin’s today’s opinion in Nixon v. City and County of Denver, in which the Tenth Circuit again had the unfortunate task … Continue reading

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Ten tips for preserving your record on appeal

Marcia J. Silvers, an attorney from Florida, has published a useful article entitled “How Not to Regret Your Appeal: Ten Tips for Soothing Your Appellate Lawyer” in the Winter 2015 issue of Litigation. I’m not a huge fan of the … Continue reading

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Does Ted Cruz’s legal work in New Mexico mean he’s a hypocrite? Nope.

Yesterday, David Corn of Mother Jones Magazine published the following article: “As a Lawyer, Ted Cruz Defended Huge Jury Awards. As a Politician, He Opposed Them.” The article describes Ted Cruz’s involvement in two New Mexico appellate cases while in private … Continue reading

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Read the latest issue of “Appellate Issues,” from the ABA’s Council of Appellate Lawyers

Don’t say I never did anything for you. This is a Friday, and you need something to do over the weekend, right? Well, I’ve got you covered. The ABA’s Council of Appellate Lawyers has published the Summer 2014 issue of … Continue reading

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“It is enough to present a defense; harping on it is not required.”

I thought you might enjoy this quote from Judge Frank Easterbrook’s opinion in Jentz v. ConAgra Foods, Inc. (7th Cir., Sept. 9, 2014), at page 6. Judge Easterbrook was responding to an appellee who argued that the defendant did not “feature” a particular defense … Continue reading

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Should the word limit for federal appellate briefs be decreased?

Opening and answer briefs in federal court are presently limited to 14,000 words, but a proposed amendment to the Federal Rules of Appellate Procedure would decrease that limit to 12,500 words. The limit on reply briefs would fall from 7,000 … Continue reading

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Tenth Circuit proposes changes to its local rules; comment period open through October 20

The Tenth Circuit is inviting comment on the latest proposed changes to its local rules. The Clerk’s Office has released this memo summarizing the changes, and you can review the actual changes in redline in this lengthy document. The most … Continue reading

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Have lunch with Chief Judge Roderick Kennedy of the NM Court of Appeals

The New Mexico State Bar’s Appellate Practice Section is sponsoring a brown bag lunch with Chief Judge Roderick Kennedy of the New Mexico Court of Appeals. The event will occur at the State Bar Center in Albuquerque on Friday, March … Continue reading

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