Appellate Litigation: What to Watch Out For in 2018 and Beyond
Join a panel of thought leaders and professionals assembled by The Knowledge Group as they bring the audience to a road beyond the basics of appellate litigation. The speakers will provide an in-depth discussion of successfully advancing cases through the higher and appellate courts, in light of the recent appellate law developments and trends. They will also offer best strategies and practical tips in developing and presenting persuasive brief and effective oral argument.
Key topics include:
- Appellate Litigation: Recent Trends and Developments
- Notable Cases
- Best Strategies for Effective Oral Argument
- Drafting a Persuasive Appellate Brief
- Appellate Practice – An Outlook
- What Lies Ahead
Marc James Ayers, Partner
- Recent appellate developments in administrative law, specifically with respect to appeals from decisions of administrative agencies
- One area of particular interest concerns the various doctrines of judicial deference to administrative agency interpretations of governing statutes and regulations. Knowing how to apply these doctrines – which often control the relevant standards of review on appeal – and how they might be challenged under recent lines of thought can greatly assist the appellate practitioner involved in such a case, either in a federal or state appellate court.
- Strategies for effective brief writing, including the use of plain language and the relevant standards of review (which are often cited and then ignored).
T. Peter Pierce, Shareholder
Richards, Watson & Gershon
LOADED QUESTIONS: THE EVOLVING SCOPE OF THE SECOND AMENDMENT
- Since its landmark decisions in Heller and McDonald, the Supreme Court has denied review in hundreds of appeals raising important questions left unanswered in those two decisions. Why has the Court remained silent on issues involving the contours of the fundamental right of self-defense? Will Justice Kavanaugh’s appointment to the Court have any impact on whether the Court agrees to hear a case raising those issues?
- Primary issues left open by Heller and McDonald are:
- What level of scrutiny applies to regulations that impact the right of self-defense as articulated in Heller?
- Does the right extend outside of the home and, if so, to what extend may government regulate that right?
- The Circuit Courts of Appeals have struggled with these questions, and subsidiary issues, for a decade.Sharp disagreements on some of these questions have arisen among Circuit Court judges.How might the Supreme Court resolve these issues?
John D. North, Partner
Greenbaum Rowe Smith & Davis LLP
TITLE IX APPELLATE ISSUES
AFTER # ME TOO
The # Me Too movement is likely to lead further evolution of the law governing Title IX claims for sexual violence and harassment against educational institutions.
Likely appellate issues:
- In order to maintain a claim for damages under Title IX’s private right of action, the Plaintiff must prove the educational institution had “actual knowledge” of the sexual harassment, but responded with “deliberate indifference”.
The standard of proof for “actual knowledge” has been harassment of a single victim over a period of time, knowledge of the same perpetrator’s harassment of different victims or another similarity that would alert the defendant to a substantial risk of sexual harassment or violence.
The issues of what would constitute another similarity or a substantial risk may undergo further elaboration at the appellate level as victims seek to expand the scope of Title IX liability.
- Alleged perpetrators may also seek to expand the liability of educational institutions under Title IX for lack of due process protections in Title IX investigations and disciplinary proceedings.
The issue that has been raised in several district courts is whether a “preponderance of the evidence” standard satisfies procedural due process requirements when the discipline may include expulsion from the educational institution or other adverse action that may have lasting effect.
- The definition of an educational institution that may have liability under Title IX may also undergo further review and expansion. The Third Circuit Court of Appeals recently held that a private teaching hospital that does not hold itself out as an educational institution may be considered an educational program under Title IX, exposing the hospital to liability for the sexual harassment of a radiology resident by the director of the residency program.
Who Should Attend:
- Chief Counsel
- Corporate Attorneys
- Executive Officers
- In house Counsel (Public & Private)
- Legal Executive
- Litigation officers
- Litigation Support Specialists
Marc James Ayers is a partner in Bradley’s Appellate Litigation Group, and represents individual, corporate and governmental clients before numerous state and federal appellate and trial courts across the country. Marc represents clients on petitions for writs of certiorari and amicus curiae briefs to the U.S. Supreme Court, and has presented oral argument in the Fourth, Eighth, Ninth and D.C. Circuits, and in various state appellate courts in Alabama, Florida, Louisiana, New York and Maryland. He has served as the Chair of the Alabama State Bar’s Appellate Practice Section, and is listed in The Best Lawyers in America® and Mid-South Super Lawyers in the field of Appellate Law.
Marc is frequently invited to lecture on appellate practice, and is the author of several articles on that subject and others. He earned his J.D. from the Cumberland School of Law at Samford University and earned a B.A. from Florida State University.
Marc James Ayers is a partner in Bradley’s Appellate Litigation Group, and represents individual, corporate and governmental clients before numerous …
Peter demystifies the appeals process. A creative advocate, he analyzes a case from every angle to help litigators position the case most effectively for appeal. Peter represents individuals, businesses, non-profit corporations, and public agencies in appellate courts and trial courts throughout California. He is one of only 135 attorneys admitted to the California Academy of Appellate Lawyers, and one of fewer than 300 attorneys certified as a specialist in appellate law by the State Bar of California Board of Legal Specialization. Peter has been selected by his peers in California ten times as a Super Lawyer in appellate law. Most recently, Peter was selected by his peers for inclusion in the 2019 edition of Best Lawyers in America.
Peter demystifies the appeals process. A creative advocate, he analyzes a case from every angle to help litigators position the …
John D. North is chair of the Litigation Department at Greenbaum, Rowe, Smith & Davis LLP. He focuses his practice in litigation, with an emphasis on trial practice. Mr. North has tried jury and non-jury cases in state and federal courts, including over 75 jury cases to verdict. He is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Mr. North’s practice concentrates in commercial and banking litigation, including matters involving lender liability claims and defenses, negotiable instruments and financial fraud. Mr. North has also represented banks in class actions alleging claims under New Jersey and federal consumer legislation. Mr. North is a Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers. He is listed in Super Lawyers, Benchmark Litigation, Chambers USA and in four practice areas in Best Lawyers including Banking and Finance Litigation and “Bet-the-Company” Litigation. Mr. North is the author of the evidence treatise A Trial Lawyer’s Strategic Guide to the New Jersey Rules of Evidence, and is the only New Jersey lawyer selected as a principal author of Business and Commercial Litigation in Federal Courts, contributing the chapter in the treatise devoted to Medical Malpractice.
John D. North is chair of the Litigation Department at Greenbaum, Rowe, Smith & Davis LLP. He focuses his practice …
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Method Of Presentation:
Experience in Appellate Law
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About Bradley Arant
Bradley is a national law firm with a global perspective. With offices in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, the firm’s over 500 lawyers represent regional, national and international clients in various industries, including financial services, healthcare, life sciences, real estate, construction, technology, energy, insurance, and entertainment, among many others. Bradley attorneys combine legal experience and knowledge with a sophisticated understanding of industries to provide clients with practical, strategic solutions specifically tailored to their business operations. Clients rely on Bradley for innovative solutions, dependable responsiveness and a deep commitment to success.
About Richards, Watson & Gershon
RWG’s appellate litigation team prosecutes and defends appeals in state and federal courts throughout California. Representing public agencies, and private clients across a broad array of industries, RWG provides practical advice and solutions to plaintiffs and defendants in trial and appellate courts.
About Greenbaum Rowe Smith & Davis LLP
Greenbaum, Rowe, Smith & Davis is a multi-practice law firm serving local, regional and national clients. As one of New Jersey’s leading law firms, the firm brings diverse and comprehensive expertise to the representation of both businesses and individuals. For over 100 years, the firm has earned the trust and loyalty of clients by providing sophisticated, creative and cost-effective representation through collaborative teamwork, proactive legal strategies, attention to detail and relationship-oriented service.