Appellate Strategies and Perspectives



The Appellate Strategies and Perspectives CLE series has been created to provide attorneys interested in appellate law with practical tips and tools, an analysis of emerging trends and issues in the field, and a judicial viewpoint on the practice. The series, which is co-sponsored by Vorys, Sater, Seymour and Pease LLP and The Ohio State University Moritz College of Law, will include three sessions in 2013, and each will follow a similar format. Practitioners in the field will begin by discussing how to achieve success and avoid pitfalls at various stages of an appeal. Secondly, a panel of academics and legal observers will speak on contemporary issues affecting appellate practice. Finally, current or former judges will offer their perspective on the previous two topics or other areas of appellate practice. 

Vorys, Sater, Seymour and Pease LLP practitioners have represented clients in the Supreme Court of the United States, federal courts of appeals, the Supreme Court of Ohio, and other appellate courts in Ohio and in states across the nation. Vorys’ ranks include more than 15 lawyers who served as law clerks on appellate courts, and nearly 40 lawyers whose clerkships with trial judges have given them unique awareness of potential appellate issues. The Vorys Appellate Subgroup regularly monitors the appellate courts to ensure that its attorneys and clients are kept apprised of important decisions and trends.  The Ohio State University Moritz College of Law faculty members are regularly cited in court, serve on legal reform commissions, help draft model statutes, and provide testimony before Congress. Other faculty members lead judicial workshops and have argued cases before the Supreme Court of the United States.

The First Session

April 4, 2013
8:00 a.m. – Noon

Barrister Club
25 West 11th Avenue
Columbus, OH 43201
Directions to the Barrister Club

Admission
General: $90
Student: $30

Space is limited. Please register by March 28.

This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 3 total CLE hours instruction. It has also been approved by the Ohio State Bar Association for 3 specialty CLE hours toward OSBA Appellate Law Certification.


Schedule

8:00 a.m. - 8:25 Registration/Breakfast
8:25 a.m. - 8:30 Welcome/Introduction
8:30 a.m. - 9:30 Achieving Success and Avoiding Pitfalls at Various Steps of an Appeal
9:30 a.m. - 10:30 Contemporary Appellate Trends and Issues
10:30 a.m. - 10:45 Break
10:45 a.m. - 11:45 Judicial Perspective
11:45 a.m. - Noon Q&A/Closing remarks

Achieving Success and Avoiding Pitfalls at Various Steps of An Appeal

Every good appellate attorney knows that it is vital to start thinking about an appeal long before appellate briefs, or even notices of appeal, are filed.  The following speakers will discuss how to avoid common pitfalls and how to lay the groundwork for success at these early stages of an appeal.

Erin L. Dickinson

Preserving Issues for Appeal

Erin L. Dickinson, Vorys, Sater, Seymour and Pease LLP

Ms. Dickinson is an associate in the Vorys Akron office and a member of the litigation group.  She has represented clients before federal and state courts throughout the United States in oil and gas disputes, products liability matters, antitrust investigations, insurance and other contract disputes, corporate criminal investigations, and other types of business litigation.

Ms. Dickinson received her J.D. cum laude from the University of Michigan Law School and her B.A. magna cum laude from Vanderbilt University. Read a full biography.

Daniel E. Shuey

Identifying Final Appealable Orders

Daniel E. Shuey, Vorys, Sater, Seymour and Pease LLP

Mr. Shuey is an associate in the Vorys Columbus office and a member of the litigation group.  He is experienced in appellate, extraordinary writ, commercial and False Claims Act litigation.

Mr. Shuey received his J.D. cum laude from Georgetown University Law Center where he was the senior notes editor for the Georgetown Journal of Legal Ethics. He received his B.A. summa cum laude from Muskingum College. Mr. Shuey served as a judicial law clerk for Chief Justice Thomas J. Moyer of the Supreme Court of Ohio. Read a full biography.

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Seeking Expedited Relief from the Appellate Court

John J. Kulewicz, Vorys, Sater, Seymour and Pease LLP

Mr. Kulewicz, a partner in the Vorys Columbus office, is a member of the litigation group and head of the firm's appellate practice subgroup. His practice focuses on civil litigation and appeals. In addition, he has served on numerous occasions at the request of federal and state courts as pro bono counsel for indigent clients in actions presenting significant questions of law.

Mr. Kulewicz received his J.D. from Yale Law School where he was an Editor of the Yale Law Journal.  He received his B.A. from The Ohio State University. Mr. Kulewicz clerked for the Honorable Gilbert S. Merritt of the United States Court of Appeals for the Sixth Circuit. Read a full biography.

Contemporary Appellate Trends and Issues

In 2010, the Supreme Court of the United States released its controversial opinion in Citizens United v. Federal Election Commission. This case was one of the most significant in a line of decisions attempting to reconcile freedom of speech with the governmental interests in regulating campaigns. Panelists will discuss the appellate lessons that can be learned from Citizens United and other recent campaign finance decisions, related issues currently being considered by or likely to come before appellate courts, and the impact of Citizens United on the 2012 and future elections.

David A. Goldberger, The Ohio State University Moritz College of Law Professor Emeritus of Law

Prof. Goldberger, who has argued two times before the Supreme Court of the United States, teaches a civil clinic practicum, Constitutional Law and a course on the First Amendment. He joined Ohio State in 1980, after serving as legal and legislative director of the Illinois Division of the American Civil Liberties Union.

In 1977, Prof. Goldberger won his first case before the Supreme Court of the United States: National Socialist Party of America v. Village of Skokie. The decision obligated state courts to provide expeditious review of injunctions against public assemblies. Professor Goldberger argued the case McIntyre v. Ohio Elections Commission before the Supreme Court in 1995. The ruling invalidated an Ohio statute prohibiting distribution of anonymous, non libelous, campaign literature. Read a full biography.

Daniel P. Tokaji, The Ohio State University Moritz College of Law

Robert M. Duncan/Jones Day Designated Professor of Law; Senior Fellow, Election Law at Moritz

Prof. Tokaji is an authority on election law and voting rights. He specializes in election reform, including such topics as voting technology, voter ID, provisional voting, and other subjects addressed by the Help America Vote Act of 2002. He also studies issues of fair representation, including redistricting and the Voting Rights Act of 1965.  He is a co-author of the casebook Election Law: Cases and Materials (4th ed. 2008) and co-editor of Election Law Journal.

A graduate of Harvard College and the Yale Law School, Professor Tokaji clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Read a full biography.

Moderator: Suzanne K. Richards, Vorys, Sater, Seymour and Pease LLP







A Judicial Perspective: Evelyn Lundberg Stratton

Ms. Stratton is of counsel in the Vorys Columbus office. Prior to joining Vorys, she served for 16 years as a justice on the Supreme Court of Ohio.  Ms. Stratton counsels clients on variety of practice areas, including health care, litigation and appellate work.  She also assists Vorys Health Care Advisors, a wholly owned subsidiary of the firm that helps health care providers, business decision makers, professional associations and other stakeholders deal with the challenges of a complex, rapidly changing federal and state health care environment.

Ms. Stratton has decades of appellate and trial experience.  She spent the first nine years of her legal career as a central Ohio trial lawyer. In 1988, she became the first woman elected judge of the Franklin County Common Pleas Court. Stratton was appointed to the Supreme Court of Ohio by Governor George Voinovich in 1996 and was elected by Ohio voters to three six-year terms. Ms. Stratton received her J.D. from The Ohio State University Moritz College of Law and her B.A. from the University of Akron. Read a full biography.