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Once a trial court judge has entered the final judgment in a case, the losing party may file a notice of appeal. The notice of appeal operates as its name implies – it puts the winning side as well as the courts on notice that the decision is being appealed. The appealing party is referred to as the “appellant” in the appeals court, while the party that won at the trial level becomes the “appellee.”
→ Read MoreIt is possible for a lawyer representing a disputant to serve as a mediator, but it is not recommended. A lawyer has an ethical obligation to represent his client vigorously. He cannot represent both disputants. If one of the lawyers tries to mediate, even with the consent of the parties, it is not likely that the other side will be able to be entirely candid.
→ Read MoreIf someone has violated your mandatory arbitration agreement, submit a letter to court informing the court of the agreement. Include a copy of the agreement in the letter. The court reviews the request and either stays or dismisses the case entirely.
→ Read MoreAny party can attempt to appeal a decision from a circuit court of appeals to the U.S. Supreme Court, but this doesn’t mean that the appeal will be heard. Each year, the Supreme Court typically grants certiorari (i.e. accepts an appeal) for about 100 cases out of the approximately 7,000-8,000 cases that are appealed. Thus, for 99% of all federal cases, the decision of the circuit court of appeals is the last word. A court of appeals decision can be appealed, but the issues at stake must be so significant, or the court of appeal’s error in law so egregious, that the Supreme Court is persuaded to hear the case. The Supreme Court’s review of circuit court of appeals cases is thus best described as discretionary, rather than mandatory.
→ Read MoreThere is generally no record made of a mediation, and nothing from a mediation proceeding becomes public knowledge (like court cases and transcripts sometimes can). When you submit a dispute to mediation, the matter is handled privately between you, the other parties involved in the dispute, and the mediator. This is one of the advantages of mediation.
→ Read MoreThe first thought after hearing the final judgment in any trial is to expect the “winning” side to be celebrating and the “losing” side to appeal the decision. But the calculus involved in the decision to appeal can often be more complex than this. For many parties, not every loss is worth appealing, and sometimes a “winner” may feel they should have been awarded more. To add to the considerations, appeals are often not simple or free, and hiring an experienced appeals lawyer – which is your best chance of winning on appeal – may end up costing even more than the original trial.
→ Read MoreThe United States Statutes and the Federal Rules of Civil and Appellate Procedure set forth some of the general rules for federal appeals. Each of the eleven circuits also has its own rules that detail additional requirements for a federal appeal.
→ Read MoreAppealing a case in the federal appeals court does not necessarily mean that you will have a published opinion. Some circuits do not publish all opinions; others have special rules about relying on ‘do not publish’ decisions as precedent. In fact, there may not even be an opinion because the Court of Appeals sometimes just ‘affirms on the opinion below’ and thus does not feel the need to write one.
→ Read MoreCalifornia law provides other procedures that can take the place of class actions. These include mass actions and ‘private attorney general’ actions brought under, for example, the Unfair Competition Law or the Labor Code.
→ Read MoreAlthough the radiation leak at the Japanese reactor is unlikely to cause health problems for anyone outside Japan, a similar event in the U.S. is possible and would be very dangerous for those living near a nuclear facility. While nuclear facilities can pose a variety of risks to those who live nearby, successfully suing a nuclear facility or other polluter is another matter entirely. Suing the operator of a nuclear facility, like other lawsuits for contamination of natural resources, is an extremely time-consuming and expensive undertaking.
→ Read MoreFind the right lawyer for your legal issue.
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