Along with changes to the federal civil procedure and bankruptcy rules, the Federal Rules of Appellate Procedure will likely see a significant change in less than a month. Unless Congress decides otherwise, the revisions will provide new page and word count limits for certain filings and clarify which items are to be included in the word count. Importantly, under revised Rule 32, principal briefs will be limited to 13,000 words (rather than 14,000), and reply briefs will be limited to 6,500 words (rather than 7,000).… Continue Reading

Most attorneys have had a least one unfavorable final judgment entered before trial.  The attorney may feel that the trial court completely misunderstood her argument. Perhaps the trial court entered a summary judgment order that missed a key appellate case.  Or perhaps the trial court issued a Rule 12(b)(6) dismissal that appeared inconsistent with an earlier ruling.  The natural inclination is to devise a motion that will give the trial court the opportunity to fix its mistakes without having to take an appeal. … Continue Reading

Eric will be blogging about today’s Court of Appeals’ opinions later tonight, but I wanted to make everyone aware of a prior Court of Appeals’ opinion that all litigators should be aware of.

I recently stumbled on a Court of Appeals’ opinion that appears to conflict with a key tolling provision of the Appellate Rules.  Appellate Rule 3 provides that when “any party” timely files a Rule 50(b), 52(b), or Rule 59 motion the deadline for filing a notice of appeal is tolled “as to all parties until entry of an order disposing of the motion and then runs as to each party from the date of entry of the order.”… Continue Reading