James M Beck

November 11, 2021 | The Legal Intelligencer

When an otherwise controlling decision has language in it that is not essential to the result, that language is "dicta" and not binding—at least most of the time.

By James M. Beck

8 minute read

August 19, 2021 | The Legal Intelligencer

For appellate lawyers, the certified record of the proceedings in the lower court is the be all and end all. "The fundamental tool for appellate review is the official record of the events that occurred in the trial court."

By James M. Beck

8 minute read

May 13, 2021 | The Legal Intelligencer

Two special circumstances permitting appellate review of a denial of summary judgment in federal court are: denial of the defense of qualified immunity, Mitchell v. Forsyth, 472 U.S. 511, 528-29 (1985), and; denial of summary judgment simultaneously with grant of a cross-motion for summary judgment.

By James M. Beck

7 minute read

December 04, 2020 | The Legal Intelligencer

A recent nonprecedential Pennsylvania Superior Court decision, Mallory v. Norfolk Southern Railway, 2020 Pa. Super. Unpub. Lexis (Pa. Super. Oct. 30, 2020), illustrates one of the special considerations that appellate practitioners need to know when dealing with litigation challenging the constitutionality of statutes in Pennsylvania.

By James M. Beck

6 minute read

August 20, 2020 | The Legal Intelligencer

A simmering controversy over the seemingly arcane issue of multiple appeal numbers on notices of appeal in related appeals boiled over recently, spawning three Superior Court en banc decisions, and a concurrent appeal to the Pennsylvania Supreme Court.

By James M. Beck

8 minute read

May 21, 2020 | The Legal Intelligencer

Three recent Pennsylvania appellate cases decided procedural issues of interest to appellate practitioners.

By James M. Beck

8 minute read

February 13, 2020 | The Legal Intelligencer

While many of these changes are technical and nonsubstantive, others are more significant. This article is intended to familiarize appellate practitioners with those amendments that might make a difference in advance of their Aug. 1 effective date.

By James M. Beck

6 minute read

November 27, 2019 | The Legal Intelligencer

Sept. 26 was waiver day at the Pennsylvania Supreme Court. Both appellate practitioners and trial attorneys should pay heed in order to avoid unfortunate and unexpected results.

By James M. Beck

7 minute read

August 15, 2019 | The Legal Intelligencer

Appellate practitioners are well-advised to understand the nuances of this doctrine, because they can turn on significantly different requirements, and produce significantly different results.

By James M. Beck

6 minute read

May 23, 2019 | The Legal Intelligencer

In 'Commonwealth v. Walker,' the Pennsylvania Supreme Court came down hard on a question of appellate procedure that arises fairly frequently: An appellant filing a single notice of appeal that purports to appeal from multiple, separate appealable orders.

By James M. Beck

7 minute read