Appellate Practice
7 articles tagged with "Appellate Practice".
The AEDPA Iron Curtain: Why the Supreme Court’s Reversal in the Etan Patz Case Slams the Door on Federal Habeas Relief
The End of the Federal Backstop For criminal defense attorneys navigating the bleak landscape of post-conviction relief, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) has long been the monster under the bed. On June 22, 2026, the ...
The Eighth Circuit Just Became the Ultimate Safe Harbor for Mega-Settlements
The Eighth Circuit’s Billion-Dollar August Class action objectors hoping to blow up multi-billion-dollar deals just hit a brick wall in the Midwest. In a stunning eight-day span this August, the U.S. Court of Appeals for the Eighth Circuit delivered ...
The Seventh Circuit’s Surgical Rule 23(f) Grant in the Elite Universities Case is a Wake-Up Call for Class Certification Experts
The End of the "Battle of the Experts" Deferral at Class Certification For years, plaintiffs’ counsel in complex antitrust class actions have relied on a comfortable, albeit flawed, procedural crutch at the class certification stage: presenting a cre...
The 9-0 Shockwave: Supreme Court Forecloses Title IX as a Shield for Transgender Athletes
A Unanimous End to the Title IX Sports Wars For the last six years, civil rights litigators and state attorneys general have been locked in a bitter, high-stakes tug-of-war over the intersection of transgender rights and federal education law. On Jun...
The Class-Action Vise: Why the Seventh Circuit’s Clearview AI Reversal Breaks the Defense Playbook
The Death of the "Global Peace" Strategy For decades, the corporate defense playbook in mass consumer and privacy litigation has been brutally simple, if expensive: fight like hell at the motion to dismiss stage, and if you lose, buy global peace thr...
The Death of Independent Agencies: Supreme Court Overrules Humphrey’s Executor in Historic 2026 Term
A Seismic Shift in Administrative Law For decades, administrative and regulatory lawyers have advised clients based on a fundamental assumption: independent federal agencies are shielded from direct presidential interference. As of June 29, 2026, tha...
Circuit Roulette: The 2026 Appellate Divide on Mega-Settlements and Algorithmic Antitrust
The Death of the Uniform Federal Class Action If you are a litigator operating under the assumption that Federal Rule of Civil Procedure 23 means the same thing in Chicago as it does in St. Louis, 2026 is delivering a brutal wake-up call. A flurry of...
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