March 10, 2011 / June 15, 2016 by mindgrub
In keeping with the unfortunate theme of my last entry, a poster child for attorney misbehavior vis-a-vis appellate briefing was memorialized in a decision from the Seventh Circuit yesterday...
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March 7, 2011 / June 15, 2016 by mindgrub
A recent decision from the Maine SJC includes the following footnote: Webber raises the issue of procedural violations in Stewart-Dore’s appellate briefing. Stewart-Dore submitted a brief...
February 24, 2011 / June 15, 2016 by mindgrub
Here's something I learned the other day. When you are filing an amicus brief under FRAP 29, you must include "a concise statement of the identify of the amicus curiae, its interest in the...
February 16, 2011 / June 15, 2016 by mindgrub
So last time I mentioned that I would blog on the First Circuit's ruling that Maine's Anti-SLAPP provisions apply in federal court: http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=09-...
February 7, 2011 / June 15, 2016 by mindgrub
So what’s doing in the First Circuit? Here are a few observations on recent cases. 1. Cintron-Lorenzo v. Fondo del Seguro del Estado (2/4/2011 from D.P.R.) 10-1020P.01A Justice Souter c...
February 4, 2011 / June 15, 2016 by mindgrub
The Chair of the Appellate Rules Advisory Committee asked the Council of Appellate Lawyers to comment on a proposal to repeal or amend Fed. R. App. P. 28(a)(6), which requires the appellant'...
January 25, 2011 / June 15, 2016 by mindgrub
So after filling out a boatload of forms, waiting six months and for a mere $1050 fee (that's not a typo - $1050.00), I have now sworn faith and allegience to Massachusetts. I could muse up...
January 13, 2011 / June 15, 2016 by mindgrub
So I know you've been on the edge of your seat wondering about why the briefing schedule is different for workers comp cases, per the previous entry. The language requiring simultaneous bri...
January 10, 2011 / June 15, 2016 by mindgrub
Here's something I didn't know, although it's right there in the rules (M.R.App.Pro. 23(c)92)(B) & (C))- workers comp appeals are simultaneously briefed. Each side files its brief at the sa...
January 4, 2011 / June 15, 2016 by mindgrub
So a reader notified me of language in the standard case opening notice sent by the First Circuit to the parties that might be deemed less than clear. Here's the text, with the ambiguous l...
