Appellate Law

Seventh Circuit Holds Rule 60(b) Reconsideration Motion Not A Substitute For Appeal
Leo Stoller sued Pure Fishing Incorporated for trademark infringement. Eventually, the federal district court defaulted Stoller and awarded Pure Fishing costs and fees on one of its counterclaims...

Dismissive of the Fact of Being Reasonably Willful.
What chance would you give a Rule 12(b) motion to dismiss a claim of willfulness?  That motion won in Abbott Labs. v. Sandoz, (N.D. Ill. 12/4/2007).  This suit was later-filed over infringement by a generic substitute...

Did we ever make one of these before
On Tuesday we tried a case to the Court in the W.D. Va.And, per usual, I did some prep on the Rule 50 motion, only come to find out, Rule 50 does not apply to bench trials.So, I made a motion for judgment on partial findings, under Rule 52(c)...

SC Court of Appeals makes new law on Rule 59 and timeliness of an appeal
In Camp v. Camp, the South Carolina Court of Appeals offered another chapter in the book of practice under Rule 59(e). The case concerned a family court order requiring father to pay mother a certain amount of child's college expenses...

Out with the Old, In with the New (Rules): 10th Circuit Rules Changes and Forms Effective Jan. 1, 2008
The new rules (available here on the Tenth Circuit's website)don't change much, but be sure to download the new version of the docketing statement. The most significant change is something that affects the government...

COA Reminds: Rule 60 Is Not Substitute For Appeal
Today, in Catawba Valley Bank v. Porter, the Court of Appeals (COA) delivered a harsh reminder: if a judgment is entered against your client based on an error of law, you must appeal the erroneous judgment rather than seek relief pursuant to Rule 60; if you seek Rule 60 relief rather than appealing, you will bound by the erroneous judgment, even if the trial court agrees with you...

Judgment Creditors Cant Toll Time To Appeal By Asking For An Interlocutory Appeal
The D?Agostinos were embroiled in prolonged litigation with Lynch and his lawyers. After a summary judgment for more than $1.9 million in the D?Agostinos?s favor, they began supplemental proceedings to collect...

Copyright Lawsuits: Critical Issues Before Filing Copyright
Federa Rule 11(b) Considerations

Philip Morris
Loses Appeal, Will Pay Millions

Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict
Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict