The U.S. Court of Appeals for the Ninth Circuit recently held that employers who decline to pay employees for time spent waiting for computers to "boot up" could be in violation of the Fair Labor Standards Act (“FLSA”). The appeal, Cadena v. Customer Conexx LLC, No. 21-16522 (9th Cir. 2022), reversed a prior U.S. District [...]
Preparing a U.S. court of appeals filing can be overwhelming. You must meet precise formatting and technical requirements while complying with the Federal Rules of Appellate Procedure and each of the thirteen circuits’ ever-changing local rules. That's why Cockle decided to bring the same energy and focus that allowed us to become industry leaders [...]
Preparing a federal circuit court of appeals filing can be intimidating. You must meet precise formatting and technical requirements while complying with the Federal Rules of Appellate Procedure and each circuit's ever-changing local rules. A non-compliant federal circuit court brief can even be rejected at docketing, thereby damaging your—or your client's—pursuit of justice. Mastering these [...]
The legal world was shocked when the infamous Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit announced his retirement last week, effective immediately. Judge Posner is well-known in the legal community for being witty and outspoken, sometimes courting controversy with his statements. Though his retirement is seen as abrupt, [...]
Federal appellate court practice can be a daunting experience, especially if you practice in multiple circuits. While the circuits share many common rules and practices, many of the circuits also have unique features that are important to be aware of. Federal Rule of Appellate Procedure 28(a)(4) states that one of the things that must be [...]
Where can I find information about electronic filing and the Appellate Case Management/Electronic Case Files (“CM/ECF”) system? All information about electronic filing and Appellate CM/ECF is available at http://www.ca9.uscourts.gov/cmecf/ What color should I use for the cover of my brief? Opening Brief by appellant and petitioner: Blue Answering Brief by appellee and respondent: Red Reply [...]
The Second Circuit Court of Appeals—like every other federal circuit court—uses both the Federal Rules of Appellate Procedure (FRAP), as well as its own set of local rules (LR). The FRAP lays out general practice standards for all of the federal appellate courts, but also allows the circuits to compile their own rules that can expand, [...]
The filing requirements in the United States Court of Appeals for the Ninth Circuit are complex. In addition to the Federal Rules of Appellate Procedure, the Ninth Circuit operates under its own set of Local Rules – mandatory practice standards that periodically change, and sometimes conflict with the Federal Rules – and the clerk’s [...]
On December 1st, 2016, new amendments to the Federal Rules of Appellate Procedure (FRAP) will go into effect. Some of the changes will significantly impact federal appellate practice. A practitioner representing an amicus filer in a circuit court of appeals will need to pay particular attention to changes in FRAP 29. Circuit Court of Appeals: The [...]
On December 1st, 2016, new amendments to the Federal Rules of Appellate Procedure (FRAP) will go into effect. Some of the changes will significantly impact federal appellate practice. A practitioner in a circuit court of appeals will need to pay particular attention to the amendments that will shorten permissible brief limits for briefs. Circuit Court [...]