This article was originally published in the winter 2010 issue (45-2) of the Tort Trial & Insurance Practice Law Journal.
The appellate courts have undergone a number of important changes this year. One of the most significant changes was the appointment of Justice Sonya Sotomayor to the U.S. Supreme Court. In addition, a number of important decisions were issued by that Court, including the landmark Caperton v. Massey Coal Company decision on judicial recusal. There have been important changes in appellate procedure as well. A new method for measuring days under the Federal Rules of Appellate Procedure has been adopted. Important appellate deadlines have been altered. A new Federal Rule of Appellate Procedure 12.1 standardizes the process for obtaining a remand for so-called indicative rulings by district courts during a pending appeal. This article provides the appellate practitioner with a survey of these important substantive and procedural changes.
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