Appellate Practice

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Posner Affirms Conviction, Laments Ostrich Myth

On June 25, the Seventh Circuit affirmed the conviction of Conrad Black, one of several former newspaper executives found guilty last year of defrauding their company out of millions of dollars.  In a bad sign for the defendants, the opinion…



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Ninth Circuit Applies “Slubby Mass” Rule to Dismiss Appeal

On November 29, the Ninth Circuit again applied the Slubby Mass Rule to reject an appellant’s brief and dismiss the appeal.  In case you did not learn this one in law school, this rule provides that any pleading presented to…


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Government Matches O’Melveny’s 239-Page Tome

About a month ago I mocked Jeff Skilling’s appellate team, not for the quality of what they said to the court but because it took them 239 pages to say it.  (I enjoyed the fact that the word count made…


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Judge Pearson Appeals in Lost-Pants Case

The Legal Times reported today that Judge Roy Pearson, who lost a bench trial in June in his $54 million lost-pants lawsuit against Custom Cleaners, has appealed. Pearson, who shed actual tears during the trial and yet seems to have…


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Architect Pursues Rival Beyond the Grave

According to a report on Monday, a Pennsylvania architect challenging the license of a rival architect recently appealed his case to the state’s highest court.  This means Mark Altman is still trying to get Michael Molnar’s license revoked even though…


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German Man’s Pole-Sitting Appeal Is Unsuccessful

Reuters News reported today that a German man had ended his ten-day protest of a fraud conviction by coming down out of a treehouse-like box that he had built on top of a 72-foot-tall pole.  As the report put it,…