Recently by Rex S. Heinke
Appellate Law
SCOTUS: A Recap Of The October 2013 Term
Winkler: There’s been a longstanding debate about whether the Roberts Court is business-friendly. While there are different points of view, from an academic perspective, it’s pretty clear that the current Justices lean decidedly in favor of business interests.[1] This term, business...
Read MoreInsurance Coverage & Recovery
California Courts Reject Administrative/Production Dichotomy Analysis For Exempt Insurance Employees
The end of 2011 brought two significant labor and employment decisions that will have a large positive impact on insurance employers in California. In Harris v. Superior Court, 2011 WL 6823963 (Cal. Dec. 29, 2011), the California Supreme Court elaborated on the application of the...
Read MoreSecond Chances: What Appellate Courts Can (And Cannot) Do For You
You wrote the best summary judgment of your career or delivered your best-ever closing argument to a jury. The judge or jury, however, did not see it that way. You lost. But surely you have a second chance - don't you? Unfortunately, the notion of a "second chance" on appeal is a...
Read MoreObtaining Certiorari In The United States Supreme Court
By the time you consider petitioning the Supreme Court for certiorari ("cert"), you will have already expended a significant amount of time and money trying to obtain a favorable result. Having already invested so much, the desire to take your case to the Supreme Court to set things...
Read MoreOpposing Certiorari In The United States Supreme Court
Soon after you prevail in your appeal - just when you thought your case was finally over - your opponent files a petition for a writ of certiorari (or "cert petition") in the United States Supreme Court. Now, rather than putting away your files, you fear you may have to gear up for...
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