Advanced Appellate Advocacy Seminar

Friday, October 21st, 2022
8:00 AM - 3:15 PM

Add to Calendar: Add to Calendar: 2022-10-21 08:00:00 2022-10-21 15:15:00 Advanced Appellate Advocacy Seminar Event Description The Eighth District Court of Appeals, in partnership with the Case Western Reserve University School of Law, is offering an all-day CLE, featuring Eighth District Court of Appeals Judges and staff attorneys, along with esteemed practitioners and legal scholars. The seminar will focus on advanced topics in civil and criminal appeals. Time Topic 8 - 8:25 a.m. Registration Introductory Remarks by Judge Mary J. Boyle, Chair of Education Committee, Eighth District Court of Appeals 8:30 - 9:15 a.m. Can They Fix It?  Appellate Issues Related to Nunc Pro Tunc Orders, Post-Judgment Motions, Civ.R. 54(B), and Other Attempts to “Fix” Orders Before or for Appeal Featured Speakers:  Judge Lisa B. Forbes, Eighth District Court of Appeals Toni Farkas, Judicial Attorney, Eighth District Court of Appeals Newton Cargill, Judicial Attorney, Eighth District Court of Appeals Brief Description: Using examples from appellate cases, this segment will address what can be “fixed” with a nunc pro tunc entry, the timing and requirements for a proper nunc pro tunc entry, and the effect (as it relates to an appeal) of various types of improper nunc pro tunc entries.  It will also address the extent to which other mechanisms, including post-judgment motions, can be used to “fix” errors prior to appeal (or in lieu of appeal) and how orders may be “fixed” so that they may be appealed. 9:15 - 10:30 a.m. Hot Topics in the Law Introductions by Judge Eileen T. Gallagher, Eighth District Court of Appeals 9:15-9:40 a.m. “Are You Sure You Want to Attach That?” An appellate perspective on Civ.R. 12 and how to avoid reversal on appeal Featured Speakers: Judge Michelle J. Sheehan, Eighth District Court of Appeals Alex Frondorf, Attorney, Littler Mendelson Melissa Ghrist, Attorney, Flowers & Grube Brief Description: The presentation will focus on recent Eighth District case law regarding the requirements of Civ.R.12, its prohibition on including "matters outside the pleadings," and how to avoid reversal on appeal. 9:40-10:05 a.m. Ohio Civ.R. 37(E) and Failure to Preserve Electronically Stored Information (ESI) Featured Speakers: Judge Michelle J. Sheehan, Eighth District Court of Appeals Anthony Petruzzi, Attorney, Tucker Ellis Brief Description:  The presentation will focus on Civ.R.37(E), which became effective 7/1/21, and the preservation of ESI. The segment will discuss the consequences outlined in the rule that the courts can impose for failure to take reasonable steps to preserve ESI, including appellate review of discovery sanctions and other relevant issues on appeal. 10:05-10:30 a.m. En Banc Matters:  When You Ask Twelve People Where They’d Like to Go for Dinner Featured Speakers: Judge Michelle J. Sheehan, Eighth District Court of Appeals James McGlone, Staff/En Banc Attorney, Eighth District Court of Appeals Brief Description: This segment will discuss the Eighth District’s en banc conflict resolution process, including an examination of circumstances in which an en banc filing is appropriate and how to navigate the court’s pertinent local rule.  A review of the court’s most recent en banc decisions from 2021 and 2020 illustrates the process in action from the filing of the motion to the release of an en banc opinion.  10:30-10:45 a.m. Break 10:45 - 11:30 a.m. “Everything, Well, Almost Everything, That Every Attorney That Practices in the Eighth District Needs to Know” Bridget O’Brien, Deputy Court Administrator, Eighth District Court of Appeals, will introduce moderator. Featured Moderator: Erin O’Toole, Court Administrator, Eighth District Court of Appeals Featured Speakers:  Jacob Dicus, Staff Attorney, Eighth District Court of Appeals David F. Parchem, Staff Attorney, Eighth District Court of Appeals Andrew N. Rodak, Staff Attorney, Eighth District Court of Appeals Brief Description: The Eighth District’s experienced staff attorneys will share practical pointers and information for the appellate practitioner in the Eighth District Court of Appeals.  Discussion will include: (1) the Court’s "screening" process for jurisdictional impediments; (2) key local rules, including recent amendments; (3) procedural and substantive motion practice; and (4) Zoom protocols and recording of oral argument hearing. 11:30 - 11:45 a.m. Break (Box lunch distributed) 11:45 a.m. - 1 p.m. Keynote Presentation: (1) Mapp v. Ohio Revisited—The case of extraordinary personalities and (2) “I know it when I feel it”—An exploration of the personalities in Terry v. Ohio Judge Anita Laster Mays, Eighth District Court of Appeals, will introduce speaker. Featured Speaker: Administrative Judge Sean C. Gallagher, Eighth District Court of Appeals Brief Description: This keynote presentation will provide an in-depth look into these two United States Supreme Court landmark cases, including the personalities involved and ties to Northeast Ohio, as well as their significant impact on today’s practice of law. 1 - 1:15 p.m. Break 1:15 - 2:15 p.m. “The Appellate Judge as The Thirteenth Juror: Combating Implicit Bias in Criminal Convictions” Judge Emanuella D. Groves, Eighth District Court of Appeals, will introduce speaker. Featured Speaker: Andrew S. Pollis, Professor, Case Western Reserve University School of Law Brief Description: Research has documented the role that implicit bias plays in the disproportionately high wrongful-conviction rate for people of color. In this session, Professor Andrew Pollis will explain his proposal to address the problem: empowering individual appellate judges, even over the dissent of two colleagues, to send cases back for retrial when the trial record raises suspicions of a conviction tainted by the operation of implicit racial bias. Professor Pollis will share the results of his research for the forthcoming article, The Appellate Judge as the Thirteenth Juror: Combating Implicit Bias in Criminal Convictions. 2:15 - 3:15 p.m. “Dealing with the Rise of Mental-Health Crises and Substance Abuse” Judge Cornelius J. O’Sullivan, Jr., Eighth District Court of Appeals, will introduce the speaker. Featured Speaker: Scott Mote, Ohio Lawyers Assistance Program Description: Alcoholism, substance abuse, and mental health issues, including instruction on their causes, prevention, detection, and treatment alternatives. The event will be held virtually and in-person: Case Western Reserve University School of Law George Gund Hall Room A59, Moot Courtroom 11075 East Blvd., Cleveland, OH 44106 School of Law School of Law America/New_York public

Register to attend in-person.

Register to attend remotely.

Cost: $0 (includes lunch)

This seminar has been approved for 5.00 specialty hours toward OSBA Appellate Law Certification.

At no cost, General CLE credit (5.0 hours) and Professional Conduct (1.0 hours of CLE credit has been approved

Event Description

The Eighth District Court of Appeals, in partnership with the Case Western Reserve University School of Law, is offering an all-day CLE, featuring Eighth District Court of Appeals Judges and staff attorneys, along with esteemed practitioners and legal scholars. The seminar will focus on advanced topics in civil and criminal appeals.

Time Topic
8 - 8:25 a.m.

Registration

Introductory Remarks by Judge Mary J. Boyle, Chair of Education Committee, Eighth District Court of Appeals

8:30 - 9:15 a.m.

Can They Fix It?  Appellate Issues Related to Nunc Pro Tunc Orders, Post-Judgment Motions, Civ.R. 54(B), and Other Attempts to “Fix” Orders Before or for Appeal

Featured Speakers: 

  • Judge Lisa B. Forbes, Eighth District Court of Appeals
  • Toni Farkas, Judicial Attorney, Eighth District Court of Appeals
  • Newton Cargill, Judicial Attorney, Eighth District Court of Appeals

Brief Description: Using examples from appellate cases, this segment will address what can be “fixed” with a nunc pro tunc entry, the timing and requirements for a proper nunc pro tunc entry, and the effect (as it relates to an appeal) of various types of improper nunc pro tunc entries.  It will also address the extent to which other mechanisms, including post-judgment motions, can be used to “fix” errors prior to appeal (or in lieu of appeal) and how orders may be “fixed” so that they may be appealed.

9:15 - 10:30 a.m.

Hot Topics in the Law
Introductions by Judge Eileen T. Gallagher, Eighth District Court of Appeals

9:15-9:40 a.m. “Are You Sure You Want to Attach That?” An appellate perspective on Civ.R. 12 and how to avoid reversal on appeal

Featured Speakers:

  • Judge Michelle J. Sheehan, Eighth District Court of Appeals
  • Alex Frondorf, Attorney, Littler Mendelson
  • Melissa Ghrist, Attorney, Flowers & Grube

Brief Description: The presentation will focus on recent Eighth District case law regarding the requirements of Civ.R.12, its prohibition on including "matters outside the pleadings," and how to avoid reversal on appeal.

9:40-10:05 a.m. Ohio Civ.R. 37(E) and Failure to Preserve Electronically Stored Information (ESI)

Featured Speakers:

  • Judge Michelle J. Sheehan, Eighth District Court of Appeals
  • Anthony Petruzzi, Attorney, Tucker Ellis

Brief Description:  The presentation will focus on Civ.R.37(E), which became effective 7/1/21, and the preservation of ESI. The segment will discuss the consequences outlined in the rule that the courts can impose for failure to take reasonable steps to preserve ESI, including appellate review of discovery sanctions and other relevant issues on appeal.

10:05-10:30 a.m. En Banc Matters:  When You Ask Twelve People Where They’d Like to Go for Dinner

Featured Speakers:

  • Judge Michelle J. Sheehan, Eighth District Court of Appeals
  • James McGlone, Staff/En Banc Attorney, Eighth District Court of Appeals

Brief Description: This segment will discuss the Eighth District’s en banc conflict resolution process, including an examination of circumstances in which an en banc filing is appropriate and how to navigate the court’s pertinent local rule.  A review of the court’s most recent en banc decisions from 2021 and 2020 illustrates the process in action from the filing of the motion to the release of an en banc opinion. 

10:30-10:45 a.m. Break
10:45 - 11:30 a.m.

“Everything, Well, Almost Everything, That Every Attorney That Practices in the Eighth District Needs to Know”

Bridget O’Brien, Deputy Court Administrator, Eighth District Court of Appeals, will introduce moderator.

Featured Moderator: Erin O’Toole, Court Administrator, Eighth District Court of Appeals

Featured Speakers: 

  • Jacob Dicus, Staff Attorney, Eighth District Court of Appeals
  • David F. Parchem, Staff Attorney, Eighth District Court of Appeals
  • Andrew N. Rodak, Staff Attorney, Eighth District Court of Appeals

Brief Description: The Eighth District’s experienced staff attorneys will share practical pointers and information for the appellate practitioner in the Eighth District Court of Appeals.  Discussion will include: (1) the Court’s "screening" process for jurisdictional impediments; (2) key local rules, including recent amendments; (3) procedural and substantive motion practice; and (4) Zoom protocols and recording of oral argument hearing.

11:30 - 11:45 a.m. Break (Box lunch distributed)
11:45 a.m. - 1 p.m.

Keynote Presentation: (1) Mapp v. Ohio Revisited—The case of extraordinary personalities and (2) “I know it when I feel it”—An exploration of the personalities in Terry v. Ohio
Judge Anita Laster Mays, Eighth District Court of Appeals, will introduce speaker.

Featured Speaker: Administrative Judge Sean C. Gallagher, Eighth District Court of Appeals

Brief Description: This keynote presentation will provide an in-depth look into these two United States Supreme Court landmark cases, including the personalities involved and ties to Northeast Ohio, as well as their significant impact on today’s practice of law.

1 - 1:15 p.m. Break
1:15 - 2:15 p.m.

“The Appellate Judge as The Thirteenth Juror: Combating Implicit Bias in Criminal Convictions”
Judge Emanuella D. Groves, Eighth District Court of Appeals, will introduce speaker.

Featured Speaker: Andrew S. Pollis, Professor, Case Western Reserve University School of Law

Brief Description: Research has documented the role that implicit bias plays in the disproportionately high wrongful-conviction rate for people of color. In this session, Professor Andrew Pollis will explain his proposal to address the problem: empowering individual appellate judges, even over the dissent of two colleagues, to send cases back for retrial when the trial record raises suspicions of a conviction tainted by the operation of implicit racial bias. Professor Pollis will share the results of his research for the forthcoming article, The Appellate Judge as the Thirteenth Juror: Combating Implicit Bias in Criminal Convictions.

2:15 - 3:15 p.m.

“Dealing with the Rise of Mental-Health Crises and Substance Abuse”
Judge Cornelius J. O’Sullivan, Jr., Eighth District Court of Appeals, will introduce the speaker.

Featured Speaker: Scott Mote, Ohio Lawyers Assistance Program

Description: Alcoholism, substance abuse, and mental health issues, including instruction on their causes, prevention, detection, and treatment alternatives.

Event Location

The event will be held virtually and in-person:

Case Western Reserve University School of Law
George Gund Hall
Room A59, Moot Courtroom
11075 East Blvd., Cleveland, OH 44106

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