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
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
The last two posts covered how to gather and outline the facts for an appeal, and the importance of completing the record. This one discusses what facts to include in the brief: Continue reading
The posts on standards of review have covered the difference between questions of law and issues of fact, and between actions that are tried at law and in equity. This post explains the standards of review for certain pre-trial and trial rulings. Continue reading