Federal Appellate Rule Changes
The amendments to the Federal Rules of Appellate Procedure, effective December 1, 2016, arise, for the most part, out of changes in technology. Some of the amendments refine prior Rules that, while taking into account technology, were nevertheless skeptical of its efficacy and reliability.
Service by Electronic Means
For example, it is now acknowledged that service by electronic means … Read More
Sanctions and the Terrible, Horrible, No Good, Very Bad Appeal
This may not be a book my new grandson Felix will soon be reading, but it does raise a legitimate question: When you really, truly, believe a federal appeal is frivolous, and not just garden variety, I know you’re going to lose, please don’t make me spend my client’s money defending, but truly a terrible, horrible, no good, very bad appeal, can you obtain sanctions under Federal Rule 11 … Read More
Arizona Court of Appeals Recognizes Right of Publicity While Protecting Free Speech in Precedent Setting Case
For the first time ever, an Arizona state court has recognized that individuals enjoy a right of publicity that protects them from the unauthorized use of their name or likeness for commercial or trade purposes. In its April 24, 2014 decision in Reynolds v. Reynolds, the Arizona Court of Appeals recognized the right of publicity and determined that right survives the individual's death and may be brought by … Read More
Don’t Bogart That Medical Marijuana, My Caregiver
"The medical marijuana is actually for the caregiver," my dad explained. I did not know that. "Everyone knows that," he assured me, having discovered as much in his support group. My mother was dying of lung cancer, and in the full throes of cancer pain, helped very little by Vicodin, Oxycontin, or even morphine. My dad had been awake most of the night for weeks, caring for his wife of 51 years. Pain has a sound, … Read More
What is an Appeal and Why Do I Need an Appeals Lawyer?
By Kathi M. Sandweiss
An appeal is a request for a higher court to review a lower court's decision. An appeals lawyer handles cases on appeal when a party loses or is unhappy with some part of the decision made by the lower court. The appeals court reviews the record made in the trial court. Nothing new can be added to the record; this is not the time to add new facts or evidence. The appeal is not a trial … Read More
Contractual Attorney Fee Awards May be Contested
In a recent decision, the Arizona Court of Appeals, Division One, issued a ruling moving the burden of proving reasonableness of attorneys' fees sought by a successful party to the applicant. The underlying contract contained a fee shifting provision.
In Geller v. Lesk, P.3d 2012, 2012 WL 4364241 (App. Sept. 25, 2012), the Court of Appeals held that even where there is a contractual fee … Read More
Arizona Court of Appeals Decision Adds Confusion to the Interpretation of the Anti-Deficiency Statutes
In a decision issued on December 27, 2011, the Arizona Court of Appeals held that Arizona's anti-deficiency statute applies to debtors who purchase vacant land with the intent to reside on the property upon completion of construction of a home even if they do not complete construction or actually occupy the property.
In M&I Marshall & Ilsley Bank v. Mueller, 1 CA-CV 10-0804, the debtors purchased a … Read More
Not All Customer Lists Are Trade Secrets
In a case decided this past April, the Arizona Court of Appeals found that whether a business's customer list is a trade secret requires a factual inquiry. Calisi v. Unified Financial Services, LLC, Case No. 1 CA-CV-0812. The court's holding requires a two part inquiry to determine whether a customer list is, in fact, a trade secret.
First, a trial court must determine whether the customer list has been kept … Read More
BFF's With the Court: How Can My Group Be a Friend of the Court?
How Might an Amicus Curiae Brief Assist my Organization and its Members?
When you think about it, an amicus brief - "friend of the court" is a quite agreeable concept. As a non-party to the case, with no direct interest in the outcome, you can explain to the court - as a friend, not a litigant - why its ultimate decision has larger ramifications. Last March, 212 members of Congress made news by filing … Read More