Tag Archives: standard of review

Brief-Writing Tips From Judge Easterbrook

Judge Frank H. Easterbrook of the Seventh Circuit Court of Appeals has given interviews on how to decide what to appeal, common mistakes on appeal, avoiding “counter-punching,” and how to style a persuasive brief. He emphasized three points:  1) cull and frame the issues; 2) write for the generalist judge; and 3) use good typography. Continue reading

South Carolina Lets a $ 450,000 Verdict Stand

On Wednesday, the South Carolina Supreme Court declined to disturb a Court of Appeals decision that upheld a tort victim’s $ 450,000 jury verdict. Curtis v. Blake, 392 S.C. 494, 709 S.E.2d 79 (Ct.App. 2011), cert. dismissed as improvidently granted, Op. No. 2012-MO-043 (S.C. filed October 24, 2012).

On appeal, I defended the verdict by pointing to the Court’s limited, “any evidence” standard of review for a jury’s factual findings. Continue reading