Appealing Strategies

In this episode, Douglas Lang and Booker T. Shaw are joined by Carl Pesce and Dawn M. Wright to discuss the nuances of appellate litigation, focusing on error preservation as a crucial element of appellate strategy. Through discussion of recent federal appeals, specifically Johnson v. Moring and Stanley v. Macomb County, Michigan, the hosts highlight how a party's failure to comply with Federal Rule 50 can have far-reaching consequences on both federal and state appeals. The practical impact extends to administrative appeals and enforcement proceedings, where the stakes of error preservation and timely objections are equally significant.

The team discusses real-world trial issues, such as the proper timing for motions for judgment as a matter of law (JMOL), and the necessity to renew these motions post-verdict to safeguard appellate rights. The episode emphasizes that without careful attention to error preservation—including challenges to jury instructions and awareness of nonjurisdictional claims processing rules—even the best-crafted appellate strategies can falter. Lessons drawn from the discussed cases focus on the critical role of procedural rigor not only in class action appeals but also in the broader contexts of administrative law and Supreme Court advocacy, where a single missed step can determine the trajectory of appellate review.

To learn more, visit: https://www.thompsoncoburn.com/

Key Topics Discussed:

• The importance of meticulous error preservation in appellate litigation, including federal appeals, state appeals, and administrative appeals
• Key strategies for attacking adverse jury verdicts, particularly through timely motions under Federal Rule 50, and their role in error preservation
• The impact of incomplete objections or missed motions on the ability to challenge agency actions and enforcement proceedings in the administrative law context
• Analysis of real appellate cases demonstrating why both parties (plaintiff and defendant) must be proactive in raising and responding to procedural defects for a successful appellate strategy
• Distinctions between mere scintilla of evidence and substantial evidence in the eyes of appellate courts are relevant in both class action appeals and broader appellate litigation
• Discussion on how failures in properly addressing jury instructions and other trial errors can foreclose the opportunity for Supreme Court advocacy and higher-level appellate review

In this episode, Douglas Lang and Booker T. Shaw are joined by Adrienne Clair to unpack core appellate litigation strategies with a focus on administrative law and federal appeals. Drawing on their years of experience as appellate judges and attorneys, the team dives into the nuances of agency actions and enforcement proceedings, specifically referencing the recent Supreme Court case, Nuclear Regulatory Commission v. Texas.

The conversation highlights error preservation as a critical appellate strategy, emphasizing how failing to raise certain arguments or seek additional review can bar parties from Supreme Court advocacy later on. The NRC case serves as a cautionary tale for both federal and state appeals, illustrating why litigants in administrative litigation must scrupulously follow procedural rules—especially when challenging agency actions.

Key Topics Discussed:

• Appellate strategy for federal agency actions, with a case study of NRC v. Texas
• Importance of error preservation in administrative litigation and appellate reviews
• Navigating enforcement proceedings and issues of standing in federal appeals
• How to protect client rights before administrative agencies and in administrative appeals
• Procedural pitfalls and missed opportunities highlighted by Supreme Court advocacy
• Key differences between federal appeals, state appeals, and administrative law proceedings
• Preview of future episodes addressing jury instructions, error preservation, and class action appeals

In this episode, Douglas Lang and Booker T. Shaw are joined by Katie Kraft, partner and co-chair of Thompson Coburn's U.S. Supreme Court practice. The discussion centers on the crucial concept of preserving error in the trial court to ensure that issues can be reviewed on appeal. Using the recent Fifth Circuit case, Clapper v. American Realty Investors, Inc., they unravel the importance of making timely and specific objections at trial, the distinction between waiver and forfeiture of rights, and the rare circumstances under which appellate courts may address unpreserved errors.

The panel analyzes the dramatic facts of Clapper, where egregious conduct and improper arguments by defense counsel during closing statements became central to the appeal. They examine why preservation matters not only at the appellate level but also for Supreme Court consideration, and outline the correct steps for lawyers: making precise objections, seeking appropriate corrective measures (such as mistrials), and demonstrating substantive harm when necessary.

To find out more about Thompson Coburn, visit: https://www.thompsoncoburn.com/

Welcome to Appealing Strategies, the podcast that equips trial and appellate lawyers with actionable tips to help them succeed on appeal. Hosted by Douglas Lang and Booker T. Shaw—both retired appellate judges and seasoned attorneys at Thompson Coburn—this episode brings together a powerhouse panel of legal minds: Cheryl Kelly, Barry Fischer, and Kenyen R. Brown.

They dive into the ongoing controversies surrounding the Corporate Transparency Act (CTA), exploring its origins, implications, and the wave of litigation challenging its constitutionality. You’ll hear about why the CTA was enacted, what it requires from corporations and their beneficial owners, and the sheer scale of entities impacted. The conversation unpacks the key legal arguments from recent high-profile cases, the use of nationwide injunctions, and the complexities of jurisdiction and standing for plaintiffs.

To find out find out more about Thompson Coburn, visit: https://www.thompsoncoburn.com/

Welcome to Appealing Strategies, the podcast that equips trial and appellate lawyers with actionable tips to help them succeed on appeal. Hosted by Douglas Lang and Booker T. Shaw—both retired appellate judges and seasoned attorneys at Thompson Coburn—this episode brings together a powerhouse panel of legal minds: Cheryl Kelly, Barry Fischer, and Kenyen R. Brown.

They dive into the ongoing controversies surrounding the Corporate Transparency Act (CTA), exploring its origins, implications, and the wave of litigation challenging its constitutionality. You’ll hear about why the CTA was enacted, what it requires from corporations and their beneficial owners, and the sheer scale of entities impacted. The conversation unpacks the key legal arguments from recent high-profile cases, the use of nationwide injunctions, and the complexities of jurisdiction and standing for plaintiffs.

To find out find out more about Thompson Coburn, visit: https://www.thompsoncoburn.com/