The South Carolina Court of Appeals clarified yesterday that respondents may raise on appeal issues that they lost on summary judgment. This does not violate the rule against appealing orders denying summary judgment. Continue reading “Additional Sustaining Grounds Clarified”
l am privileged to help defend a multimillion-dollar judgment against an appeal. When my friends who tried the case asked for help, I first looked to see what issues were in play. In South Carolina, that means locating those issues that were raised and ruled on in the trial court. So I worked through opposing counsel’s lengthy post-trial motion and the order denying it.
So far so good. But then the opening brief came in. Smack in the middle of it was a brand new attack on the judgment. Surprised, I went to double-check the post-trial motion, thinking the issue was buried in there somewhere, but then I saw that the opening brief described the point as an “additional sustaining ground.” And I smiled, confident that the issue will not be heard. Continue reading “Additional Sustaining Grounds on Appeal: Only Winners Need Apply”
Last Monday’s post covered the Delaware Supreme Court’s tips on oral argument. In their interviews with the Delaware Lawyer, the Justices also offered tips on how to write briefs: Continue reading “4 Brief-Writing Tips from the Delaware Supreme Court”