This Week's Florida Appeals Court Decisions

Read This Week's Florida Appeals Court Decisions, a weekly hyperlinked summary of selected civil and criminal cases presented by the Appellate and Trial Support practice at Carlton Fields.

StudioCF: CAFA Year in (Appellate) Review

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Wendy F. Lumish
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Appellate and Trial Support

Practice Highlights

1100+ appellate cases handled since 2000
17 attorneys dedicated full-time to appellate litigation and trial support
11 Florida Bar board certified appellate specialists (more than any other Florida firm)
1 former Florida Appellate Court judge
28 former appellate law clerks
Appeals and trial support handled in 21 U.S. states and territories

Key Matters

Represented product manufacturer in reversal of $145 billion class action judgment
Represented financial services provider in reversal of $1.4 billion fraud judgment
Represented insurer in reversal of $80 million unfair claims practices judgment
Represented health care provider in reversal of $55 million wrongful death judgment
Represented product manufacturer in reversal of $24 million wrongful death judgment

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your business and legal needs
- Articles
  
  Incorporating the Appellate Practitioner into Your Litigation Team Early in the Litigation Process
  
  When crafting a litigation strategy, litigants can benefit from working with an appellate practitioner from the inception of litigation. This article, by Jack Reiter, provides an overview of the support that appellate counsel can provide during the litigation process, at trial, and in connection with post-trial proceedings -- whether to challenge an adverse result or to sustain a victory.
resources and tools
- Resources
  
  Ten Appellate Commandments for Trial Lawyers
  
  This list provides 10 practical tips designed to help trial lawyers preserve the record for appeal and work most effectively with appellate counsel.
- Resources
  
  Appellate Counsel's Tips Regarding Jury Instructions
  
  Carlton Fields appellate group shareholders list jury instruction tips that address the most common problems they see in their practice.
- Resources
  
  Pitfalls of the Verdict Form and the Two-Issue Rule
  
  In this 10-point list, Carlton Fields shareholders provide an overview of the applicability and complexities of the two-issue rule.
- Resources
  
  The Ten Commandments of Writing an Effective Appellate Brief
  
  This article, by Carlton Fields shareholders Sylvia H. Walbolt and D. Matthew Allen, provides 10 steps to follow when writing appellate briefs.
- Articles
  
  The Continuing Story of Certiorari
  
  This article, by Carlton Fields shareholder Matthew J. Conigliaro, explores the complexities surrounding the application of the writ of common law certiorari in Florida's appellate system. Mr. Conigliaro traces the history of the writ, and discusses its evolving nature.
- Client Alerts
  
  The CAFA Year in (Appellate) Review
  
  Eight circuit courts of appeals rendered 19 notable decisions addressing various issues under the Class Action Fairness Act (CAFA) in 2011, with the Seventh Circuit leading the way with five such decisions. Some show that forum shopping for class actions is alive and well. Others favor CAFA removal unless the plaintiff can show that it is “impossible” for the claim to exceed the jurisdictional amount-in-controversy threshold, while still others favored remands because removal statutes should be “strictly construed.” One decision relies upon Mark Twain for a grammar principle. There is only one dissenting opinion, but it is a very good one, citing the oft-used “duck test.”
- Resources
  
  Trial Checklist
  
  This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review.
news, events & publications
Events
- Finding the Needle in the Electronic Haystack: How Technology Assisted Reviews Can Find Relevant ESI and Reduce Costs
News
- Jack Reiter Speaks at Annual Bench & Bar Conference
  
  Cristina Alonso Honored as Glass Ceiling Award Winner for 2012
  
  Benjamine Reid Elected a Director of the Orange Bowl Committee
  
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Publications
- Expert Witnesses
  
  Incorporating the Appellate Practitioner into Your Litigation Team Early in the Litigation Process
  
  E-Discovery: Shifting the Costs of Compliance
  
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Multimedia
- VIDEO: Mentoring with the Masters: Initiating an Appeal

This Week's Florida Appeals Court Decisions

StudioCF: CAFA Year in (Appellate) Review

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