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In and Out of Court - Litigation & Appeals Blog

In and Out of Court - Litigation & Appeals Blog

In the Interest of C.S.: Yet Another D&N Appeal Dismissed

This post summarizes the Colorado Court of Appeals’ recent case In the Interest of C.S., analyzing an appeal from a dependency and neglect case and how to avoid dismissal. Interestingly enough, the opinion in this case was written by Judge Furman, for whom both Theresa and Jessica served as clerks.  

Personal Jurisdiction: Where Defendants Can Be Sued

The U.S. Supreme Court’s latest case on personal jurisdiction (Bristol-Myers Squibb Co. v. Superior Court) helps define the constitutional limits of specific jurisdiction and is an important case on where you can litigate.

Are You Ready for NextGen in the 10th Circuit?

The 10th Circuit Court of Appeals is now using NextGen CM/ECF for e-filing. Check out this post highlighting the new system and outlining how to take full advantage of it. E-filing is not that hard.

Have Fun: Waiving Liability

Waivers or releases of liability can be useful, but also have some pitfalls. A recent case teaches that one should write these agreements in plain English and include relevant activities.

What Are My Odds of Winning on Appeal?

courtroomWhat are my odds of winning on appeal? Telios Law explains how standards of review used in appellate courts may help figure out the odds of reversal on appeal.

Part 6 Case Analysis: Do I have other options that might work?

explore-optionsIn this post, we consider other ways to get relief besides filing a lawsuit. You can see now that filing a lawsuit is a huge commitment of time and money for you and the lawyer. You can explore other ways to accomplish your goals. A lawyer can help you discover and implement alternatives to litigation. Here are some common options:

Part 5 Case Analysis: Are there other risks I have not considered?

question-markIn addition to considering whether you have a claim, and whether it is worth it to bring the case financially against this particular defendant, you should also think about other risks involved in filing a lawsuit. Any time you litigate, you are taking it up a notch. You are exposing yourself to scrutiny through discovery; your intimate personal life may become public; your family may be questioned about the incident; and you will have to commit emotional energy and relive (over and over again) the details of the incident that led to you filing in the first place. 

Part 4 Case Analysis: Who is the potential defendant?

state-capitolWho do you want to sue? This person or group will be the defendant. Who this is matters in deciding whether to sue. In this post, we’ll explore why this matters. Some people are immune from suit, and a lawsuit is not a viable option. Sometimes the person you want to sue has no money, or is about to file for bankruptcy, and you have no chance of collecting any judgment you may get. Or the defendant may have a reputation for fighting lawsuits tooth and nail, or their lawyers may have a bad reputation. Factors like this can make a big difference.

Do I Need an Appellate Attorney? Part 3: Considering a Third Option

In this three-part series, we’re exploring the various options for staffing an appeal. In part one, we touched on the pros and cons of continuing to have trial counsel handle the appeal. In part two, we addressed the upsides and downsides to having dedicated appellate counsel. In this part three, we discuss a happy medium that plays off the best of both worlds in the right situation.

Should I Request Oral Argument at the Colorado Court of Appeals?

At the Colorado Court of Appeals, any party can ask for the chance to present their case before the court at oral argument. But should you? While ultimately the decision whether oral argument is granted is up to the court, the initial decision of whether to ask in the first place brings up an even bigger topic. Does oral argument really ever makes a difference in the case?

Seven Ways to Waive Your Argument on Appeal

Waiving an argument on appeal is usually a bad thing. Here are seven things NOT to do if you want to set your case up for success on appeal. We’ve also included some practice tips to help avoid these pitfalls in future cases.

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