Federal Appeals and Motions Practice in U.S. Circuit Courts
Making or Opposing Requests for Permission to Appeal, Mandamus, Stays, Summary Disposition, and Other Relief
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will explore the procedural and substantive motions that can be filed with a U.S. Circuit Court to initiate an appeal and once the appeal is pending. The panel will discuss how strategic use of motions --or successful opposition to them--can influence the course of the appeal. The program will also offer best practices and strategies for creating compelling motions and responses and avoiding common pitfalls.
Outline
- Petitions to appeal
- Certified appeals under Section 1292(b)
- Class certification appeals under Rule 23(f)
- Procedural requirements
- Mandamus petitions
- Standards for obtaining a writ of mandamus
- Procedural requirements
- Motions practice
- Common substantive motions
- Common procedural motions
- Procedural requirements
Benefits
The panel will review these and other key issues:
- What are the most important variables to consider in filing and responding to appellate petitions and motions?
- What strategic considerations impact the choice and timing of motions?
- How do circuit differences and unwritten court customs affect the federal appellate motion practice?
- What are the common mistakes made by appellate counsel when preparing and filing petitions and motions?
Faculty

L. Rachel Lerman
Partner
Barnes & Thornburg
Ms. Lerman co-chairs the firm’s Appeals and Critical Motions group. She advises on appellate practice and trial... | Read More
Ms. Lerman co-chairs the firm’s Appeals and Critical Motions group. She advises on appellate practice and trial strategy in complex civil cases, and handles writs and appeals in state and federal courts nationwide. Ms. Lerman has played a lead role in bet-the-company cases in a wide variety of industries and practice areas.
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Mary-Christine (M.C.) Sungaila
Shareholder
Buchalter
Ms. Sungaila briefs and argues appeals raising cutting-edge and core business issues, and helps secure important... | Read More
Ms. Sungaila briefs and argues appeals raising cutting-edge and core business issues, and helps secure important rights for women nationally and internationally. She provides pretrial and trial consultations in cases where an appeal by either side appears inevitable or a “key case” outcome might impact a whole series of cases for a client. Her work has helped to preserve the attorney-client privilege, develop the standards for the admission of expert testimony, determine limits to the reach of class actions and securities laws, extend the assumption of the risk doctrine, develop rules for preventing compelled speech under the First Amendment, define the scope of the duty to warn sophisticated users of product hazards, clarify the standards for interstate enforcement of non-compete agreements and reverse significant judgments for clients.
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Early Discount (through 01/29/21)
Live Webinar
$247