Appellate Practice


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Missouri Supreme Court Hears Hot-Dog-Flinging Case

Here's another update to a story previously (and repeatedly) covered here: the Missouri Supreme Court is considering whether the Kansas City Royals can be held liable because its lion-like mascot, Sluggerrr, threw a hot dog into somebody's eye. Goofy as…




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Divided Court Rules 4-3 That Lap Dances Are Not “Artistic”

The ruling by New York's highest court means that the revenues derived from said dances are taxable, because they are not entitled to the exemption in state law for "dramatic or musical arts performances." The majority appears to have compared…




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You Know, Some Appeals Really Aren’t “Worth a Shot”

Understandably, anybody who loses a case (especially a criminal case) is inclined to appeal, even if their arguments are pretty weak and even though every appeal is, statistically, a long shot. I probably shouldn't point this out, but the fact…


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One Hearing, Nine Important Tips

As usual, these tips concern things you should not do. The following excerpts are from R. v. Covey (2001), in which the court held Covey was a "vexatious litigant," meaning he can't file further cases without court approval because he has filed…


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Sotomayor Resolves Muppet Dispute

While I think it's great that a justice is appearing on Sesame Street, there are some problems with this vignette. First, the case clearly is not properly before the Court, unless they're suggesting Baby Bear filed a cert petition, and…