Substantive Areas — Federal Practice Issues

Some areas in which I have experience creating work product for federal courts and/or providing guidance:

Pleadings, Motions, and Orders;
Complaints; Elements Of Claims; Strategy; Narrative Objectives;
Sanctions Related To Representations To The Court;
Defenses and Objections;
Waiver Of Defenses;
Counterclaims and Crossclaims;
Third-Party Practice;
Amended and Supplemental Pleadings;
Naming Plaintiffs and Defendants;
Joinder Of Claims and Joinder Of Parties;
Interpleader and Intervention;
Class Action Strategy and Multi-District Litigation Analysis;
Substitution Of Parties;
Motions To Dismiss Strategy, Review, and Drafting;

Discovery Strategy, Including E-Discovery and Forensics;
Sanctions Related To Discovery, e.g., Spoliation;

Expert Strategy and Admissibility; Daubert Standard;

Summary Judgment Strategy, Review, and Drafting;
Shifting Allocations of Burdens of Production, Persuasion, and Proof;

Federal Evidence, Hearsay, and Motion In Limine Strategy;
Jury Instructions Drafting and Strategy;
Preserving Claims Of Error For Appeal;
Pre-Trial, Trial, and Post-Trial Motions;
Declaratory Judgment;
Relief From A Judgment Or Order;
Harmless Error Analysis;
Stay Of Proceedings Strategy and Analysis;

Jurisdiction Issues;
Justiciability;
Diversity Jurisdiction;
Federal Question Jurisdiction;
Other Specific Issues and Grants Of Federal Question Jurisdiction;
Other Subject Matter Jurisdiction Statutes and Related Issues;
Supplemental Jurisdiction;
Amount in Controversy;
Removal;
Venue Analysis;

State and Federal Court Interaction Issues Including:
Abstention Doctrines;
Eleventh Amendment Issues;
State Sovereign Immunity;
Erie Doctrine and Applicable Law;

Claim Preclusion – Res Judicata;
Issue Preclusion – Collateral Estoppel;
Other Preclusion Issues;
Stare Decisis, Law Of The Case, Judicial Estoppel, Other Estoppels;

Appellate Jurisdiction;
Final Judgments;
Interlocutory Orders and Interlocutory Appeals;
Reviewability Of Issues On Appeal;
Standards Of Review;
Questions Of Law and Questions Of Fact;
Mixed Questions Of Law and Fact;
Complex Appeals;

Appeal As Of Right, How and When Taken;
Appeal From A Judgment Of A Magistrate Judge;
Appeal By Permission;
Appeal By Leave;
Bond For Costs On Appeal;
Stay Or Injunction Pending Appeal;
Expedited Appeal;
The Record On Appeal and Fowarding The Record;
Appellate Motions;
Appellate Briefs;
Appellate Cross-Appeals;
Brief Componets, Including Form
Frivolous Appeals;
Petitions For Panel Rehearing;
Local Rules Of Courts Of Appeals;
Amicus Curiae Briefs;
Oral Argument Strategy and Preparation; Moot Court Practice;

Attorney Conduct In Federal Practice;
Law and Rules Governing Attorney Conduct In Federal District Courts;
Law and Rules Governing Attorney Conduct In Federal Courts Of Appeals;
Federal Courts’ Inherent Power To Regulate Attorney Conduct;
Communications With Person Represented By Another Lawyer;
Federal Court Expectations Of Practitioners; Candor.

 

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