November 11, 2014 | The Legal Intelligencer
Crafting Arguments With Your Audience in MindAlthough appellate work involves legal strategy and zealous advocacy like every other area of practice, it sometimes requires a different set of tools. When constructing appellate arguments, particularly the brief, there are discrete concepts to keep in mind.
By Jay Evans
7 minute read
August 12, 2014 | The Legal Intelligencer
Despite New Ruling, New Rule, Discovery of Expert Communication Remains UnclearWe are essentially sitting in the waiting room regarding some important issues pending before the Pennsylvania Supreme Court. Anyone who reads my material with any regularity knows, for example, that I (and more than a few products liability colleagues) await a ruling on the application of the Restatement (Third) of Torts. And that's just one example of the issues on which we eagerly await resolution.
By Jay Evans
7 minute read
May 13, 2014 | The Legal Intelligencer
Handling an Appeal in a 'Case in a Box'Recently, one of my colleagues came into my office and asked me to step in for him on a case he was appealing. As the lawyer in our office with an appellate emphasis, I usually get consulted and pitch in when a case gets appealed, but this time he asked me to take over the entire file. The case was appealed, docketed, briefed and scheduled for oral argument in a month. Essentially, my colleague had handed me a "case in a box" and asked me to carry it the rest of the way for him.
By Jay Evans
7 minute read
February 11, 2014 | The Legal Intelligencer
Questioning the Balance Between Dicta and HoldingWhen I was getting ready for law school, my dean sent out a suggested reading list. "To Kill a Mockingbird" still sits on my shelf when it's not being loaned out to new lawyers (note: read it; don't just see the movie). "One L" is on the shelf, too.
By Jay Evans
7 minute read
November 12, 2013 | The Legal Intelligencer
Predicting the Application of the Restatement (Third) of TortsTrying to project how a court will rule can be like throwing darts at a dartboard. Predicting where the Pennsylvania Supreme Court may be leaning on the Restatement (Third) of Torts regarding products liability claims is much the same.
By Jay Evans
8 minute read