Beth Scherer

The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief.  Not in a conclusory

Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments?  Maybe Don’t Count on It

Writer and futurist Alvin Toffler cautioned, “You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.”  Today’s

Continue Reading Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of Appeal

The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come.  But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeals

Continue Reading School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)

Court of Appeals Petition Rulings Unmasked
Continue Reading Unmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel … 90 Days Later

As noted previously, the 2022 Appellate Rules amendments contemplate that the entire record on appeal should be filed electronically during a single e-filing session. Yet, when those amendments were
Continue Reading Shiny New Things: Electronically Filing the Entire Record on Appeal; Oral Arguments Available by Podcast