Appellate Law News and Insights

On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act's (FAA) "policy favoring arbitration" does not allow federal courts to create arbitration-specific federal procedural rules.1 Specifically, the Court took issue with the rule adopted by most federal circuits, under which waiver of an arbitration...

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On occasion, a development in the law while a case is pending on appeal may present an additional argument to raise. Although the general rule is that an appellant cannot raise issues for the first time on appeal, Michigan and federal courts have recognized an exception for changes in the...

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Miami, Fla. (May 26, 2022) -  Effective July 1, 2022, the Florida Supreme Court has amended Florida Rule of Civil Procedure 1.442—governing procedural requirements for service of proposals for settlement—to preclude service of a proposal containing "nonmonetary terms, with the exceptions of a voluntary dismissal of all claims with prejudice and...

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