David B. Saxe and Y-David-Scharf[/caption] The senior writer of this essay, while an associate justice of the Appellate Division, First Department, had one overriding habit when it came to reply ...

California Supreme Court Justice Kathryn Mickle Werdegar finds them “very useful.” Fourth District Court of Appeal Justice Barton Gaut thinks they’re mostly a waste of paper. And several other ...

The briefing of an ordinary appeal is a three-step process. The party that is taking the appeal, known as the appellant, gets to file its opening brief arguing why the decision under review should be ...

In June the Department of Justice filed a doozy of a first brief in its appeal of Judge Timothy J. Kelly’s late January ruling in favor of the National Association of Realtors (NAR). In turn, the ...

Attorney General Meese is a living legend. At the age of 92, he has made more contributions to the law than just about any American who did not serve on the Supreme Court. I barely scratched the ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

So the First Circuit reaffirmed today in an order in Doe v. MIT, No. 22-1056: Per the federal rules of appellate procedure, a party's response to the argument of an amicus is contained within its ...

In its decision, the Federal Circuit noted that the PTAB is entitled to strike arguments improperly raised in a reply brief under 37 CFR § 42.23(b). However, the appellate court disagreed that ...

Donald Trump filed his reply brief on Monday — the last court filing from the parties before the Supreme Court hears oral argument Thursday on whether states can keep him off ballots in November. The ...