Rex S. Heinke

Akin Gump Strauss Hauer & Feld LLP

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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...

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Insurance 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...

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Second 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...

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Obtaining 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...

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Opposing 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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