This article addresses the basic procedure for handling an appeal before the United States Court of Appeals for the Eighth Circuit. The Eighth Circuit is a federal appellate court that covers federal courts in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South…
There are several important procedural steps that a party must take before the Court of Appeal will even consider the merits of your case, and the failure to do so could have dramatic consequences, including dismissal of the appeal. Thus, it’s just as important that a party clear all these procedural hurdles to have a chance of winning on the merits.
Administrative agencies in California can wield their regulatory power against you, making decisions that affect your rights through informal administrative proceedings without going through the courts. For example, many state licensing boards have the authority and jurisdiction to issue and revoke…
Federal appellate courts review judgments and orders of U.S. district courts and administrative courts. The 13 Circuit Courts of Appeal are the intermediate courts between trial courts and the U.S. Supreme Court. Filing an appeal requires meeting strict deadlines, starting with filing…
Courts often assess punitive damages, also known as exemplary damages, against defendants who engaged in egregious behavior. The purpose of punitive damages is to punish misconduct and deter future misconduct. Unlike compensatory damages, plaintiffs cannot recover punitive damages as a matter of…
Summary judgment allows a litigant to ask the court to find that no “genuine issues of material fact” exist regarding some or all of the claims in the case, and that they are therefore entitled to “judgment as a matter of law” on those claims. A defendant may use summary judgment to have some or…