The ABA Journal has Bryan Garner's latest article: Oscar vs. Jeff: Trial lawyers and appellate counsel do different jobs, and it may show in their writing
This month's CLA Litigation Update: August 2025 is out.
On Sept. 25, Strafford presents Strategic Use of Amicus Briefs in Appellate Advocacy by M.C. Sungaila.
3d Dist. pro tem update: Associate Justice Rebecca A. Wiseman, retired, will be sitting in pro tempore beginning July 15, 2023, through October 18, 2025.
Amendment to FRAP 15 proposed to address the “Incurably Premature” doctrine:
The Advisory Committee seeks publication of a proposed amendment to remove a potential trap for the unwary in Rule 15. The “incurably premature” doctrine holds that if a motion to reconsider an agency decision makes that decision unreviewable in the court of appeals, then a petition to review that agency decision is not just held in the court of appeals awaiting the agency’s decision on the motion to reconsider. Instead, the petition for review is dismissed, and a new petition for review must be filed after the agency decides the motion to reconsider. Rule 4, dealing with appeals from district court judgments, used to work in a similar way regarding various post-judgment motions. But in 1993, Rule 4 was amended to provide that such a premature notice of appeal becomes effective when the post-judgment motion is decided. The proposal is to do for Rule 15 what was done for Rule 4.
The comment period is open to February 16, 2026.
Posts
