The Nationwide case does not operate to shift to appellee
the burden to disprove appellant's affirmative claims.
2013) (refusing to entertain forfeiture argument where appellee
failed to assert forfeiture in its answer brief and raised it for the first time in a Rule 28(j) letter following oral argument).
was permitted to eat at the Coast Guard Dining Facility during regular meal hours.
See Brief of Appellant Pierce, supra note 1, at 89-94; Supplement to Brief of Appellant Pierce, supra note 1, at 123-26; Brief of Appellant Van Winkle, supra note 1, at 154-57; Brief of Appellee
Society of Sisters, supra note 1, at 248-54, 290-92, 304-07, 318-21, 330-36, 347-58.
35) The plain language of Rule 38 makes no mention of a scienter requirement: "If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and reasonable opportunity to respond, award just damages and single or double costs to the appellee
In each appeal, the issue is whether the appellee
established its standing as a real party in interest to pursue the requested relief.
spend most of their time responding to the arguments made by the appellant, but sometimes it's worthwhile to raise additional arguments.
The CAFC substantially adopted the arguments and reasoning presented on behalf of Appellee
, Fidia, as well as the other Appellee
, Director Kappos, in affirming the Board's decision.
Appellant Samuel Biers appeals the district courts entry of judgment as a matter of law in favor of Appellee
Tracey Cline during a jury trial on Bierss First Amendment retaliation claim.
As a result of this doctrine, the appellee
on appeal may argue a basis for affirmance even if not presented and argued in the trial court.
Dimitrios Skaftouros, a Greek native, was wanted in Greece on charges including direct complicity in the murder of a minor and was certified as extraditable despite his arguments he made regarding Greece's compliance with its own criminal procedure.
Instead, an appellee
may obtain review of an issue resolved in any judgment or order entered in the same action which may adversely affect the appellee
by filing what is called a "notice of review" with the Supreme Court Clerk's Office within twenty days after service of the notice of appeal.