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Articles Posted in Appellate Advocacy

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“Point Made” Author Regales About Appellate Brief Writing

Ross Guberman is the author of Point Made: How to Write Like the Nation’s Top Advocates. Go here to read illinoisappellatelawyerblog’s review of Ross’s book. We liked it so much, illinoisappellatelawyerblog asked Ross to answer a few questions about appellate brief writing. Here is Part 1 of that Q&A. Is…

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Fewer Oral Arguments Heightens Importance Of Appellate Brief

Here is a letter to the editor I submitted to Illinois State Bar Journal with my observations about an article in the April 2011 edition that disapproves of the declining number of appellate oral arguments. To the Editor: “Surviving the Death of Oral Argument” (sorry, subscription required) is misnamed. The…

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Appellatology Launches From SRMPC Unashamed-Toot-Your-Horn-Marketing Department; Mock Appellate Judges Wanted

Appellate lawyers are belt-and–suspenders types. We read the rules; then re-read the rules; then just to be sure, read them again. We check our cites; re-check our cites; then just to be sure, check them again. We agonize over the legal briefs we write. And for good reason: more than…

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What Happens If Appellee Does Not File An Opposition Brief?

Here’s another issue lawyers often ask me to address: Must an appellate court consider the merits of an appeal when the appellee does not file a response brief? Does the appellant win for lack of opposition? The Fourth District Illinois Appellate Court answered the question in Thomas v. Koe, Nos.…

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Illinois 4th District Appellate Court Refuses 30-Year “Legitimate Business Interest” Test As Made Of Whole Cloth

Neil Ehlers worked as a salesman for Sunbelt Rentals, a seller and renter of industrial equipment. After about five years, Ehlers left Sunbelt and went to work for Midwest Aerials & Equipment, a company that competed with Sunbelt. Sunbelt sued Ehlers and Midwest to enforce restrictive covenants in Sunbelt’s employment…

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Attorney Sanctions In Seventh Circuit Compared

For a statistical comparison among the federal appellate courts of sanctions orders against attorneys, take a peek at the Fall 2008 edition of the Seventh Circuit Review. The analysis concludes: “The Seventh Circuit issued the fourth-most sanctions overall and issued the most serious sanctions. In the end, the data suggests…

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Illinois Supreme Court To Post Oral Arguments On Web

Oral arguments in the Illinois Supreme Court will be posted on the web. The court announced in a press release on 12/7/07 that video and audio recordings of arguments will be available beginning in January 2008. Posting arguments made in the court will slice some stealth from a primary branch…

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Oral Arguments On The Decline, Except In The Second District Illinois Appellate Court

The big news from the Illinois Appellate Lawyers Association luncheon to honor the Second District justices yesterday came when Presiding Justice R. Peter Grometer announced the court would definitely increase the number of cases receiving oral argument in the coming year. For as long as I can remember, the Second…

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