Appellate law; cross-appeals

Article Abstract:

Prudent appellate lawyers refrain from filing cross-appeals only after analyzing the appeal thoroughly and determining their ability to raise the desired issues without a cross-appeal. Wanting the appellate court to make some modifications in the judgment so that the client will obtain more of the relief sought as long as the case is on appeal anyway form the reasons for making a cross-appeal.

Methods

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General verdict rule

Article Abstract:

The general verdict, which entails the jury finding for the plaintiff or defendant only in general terms, is discussed. Appellate courts may face a difficult choice with a finding that a trial error affected a claim in a case involving multiple theories of liability. Case law facing this choice is discussed.

Verdicts, Civil procedure

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New trials

Article Abstract:

Criteria used by appellate courts for deciding the scope of new trials on remand are discussed. Counsel should learn the court's criteria for partial new trials early in an appeal.

New trials

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