Picking Points on Appeal
Charles Shifley from some firm called Banner & Witcoff writes in the John Marshall Law School's Review of Intellectual Property Law this article entitled The Three Stages to Successful Appellate Advocacy Before the Federal Circuit. While some people seem to like the idea of raising over 100 points on appeal, this article provides some guidance on how to select points. The Insurance Defense Blog found the article and summarized it here.
Sanctions for Conduct Below
White Collar Crime Prof Blog points here to the DC Circuit’s
Given [the lawyer's] conduct, he should consider himself fortunate that Judge Lamberth did not impose Rule 11 sanctions. Rules 38 and 46 of the Federal Rules of Appellate Procedure, however, give us independent authority to ensure compliance with ethical standards in this court. Under Rule 38, lawyers have been sanctioned for filing appeals less frivolous than this one.