Error Preservation Ambushes: Infliction and Prevention (Jul 2019)
We can raise many complaints for the first time on appeal ... or when it is too late for the non-complaining party to do anything about it. These complaints involve jurisdiction, standing, summary judgment practice, experts, damages, the charge, and attorney's fees, just to name a few areas. Identify these areas, get suggestions about how to pre-empt your opponent from ambushing you with such complaints, and hear ideas about ambushing your opponent, while taking care to avoid a self-inflicted wound.
Originally presented at:
Jun 2019 Conference on State and Federal Appeals