Tag Archives: Key Posts

What IS “Appellate Strategy?”

What sets Sedgwick’s Appellate Group apart from the rest. Most appellate lawyers are passive: they read the trial record (viewing it as etched in stone, immutable). They research the law. They write the brief. They may be good at that, but they use a static, one-dimensional approach to what should be a creative, strategic process: … Continue Reading

Evaluating Your Appeal

A. What An Appeal Can – And Can’t – Do. An appeal is a powerful, often underestimated, line of defense. It’s an opportunity to reduce the award, obtain a complete or partial new trial, or perhaps even reverse misfortune, getting judgment awarded in favor of the party who lost at trial. However, the appeal is … Continue Reading

Why File A Post-Trial Motion?

1. Snatch victory from the jaws of defeat. A new trial motion gives the trial judge a chance to cut the jury’s punitive verdict, eliminate it altogether, or grant a new trial. A successful motion for judgment notwithstanding the verdict (JNOV) – known as JMOL in federal court – lets the trial judge declare the … Continue Reading

What To Do When Judgment Is Entered Against You

STAY ENFORCEMENT OF THE JUDGMENT. After the jury renders its verdict, there are still many lines of defense available, including post-trial motions and appeal. First and foremost, the defendant must protect itself from immediate execution of the judgment, which, in many jurisdictions is enforceable immediately or within a very short time. A stay may be … Continue Reading