The KBC Report, vol. 1, issue 1

Make a Good Argument, or Don’t Appeal at All

A Sixth Circuit panel issued a succinct opinion today that serves as a good reminder to counsel attempting to pursue marginal cases: if you cannot formulate a passable argument in support of your position, you should not be pursuing it on appeal. Jahmir Frank sued a hospital and other defendants for negligently destroying his medical […]

Remember your cross-appeal

In the Tennessee Court of Appeals, litigants can raise whatever issues they want, regardless of which party filed the notice of appeal. The party simply needs to identify the issue as such and formulate an argument, assuming it was preserved in the trial court. But in federal courts, the only issues available for an appellee […]

“Cleaned up” Parenthetical in the Supreme Court

Followers of trends in appellate practice will have noticed the appearance and rapid growth of the parenthetical “cleaned up” following quoted material in briefs and court opinions. The explanation replaces more cumbersome ones such as “brackets in original; ellipses omitted” and allows a writer to present a cleaner, and hopefully less ambiguous, version of quoted […]

Bulso PLC Opens

Gino Bulso, Eric Smith and Paul Krog have announced the formation of Bulso PLC, a trial and appellate practice litigation boutique firm. Bulso PLC recently completed the build out of 7,700 square feet of office space on the top floor of the Ramparts Building in Maryland Farms. The firm’s address is Bulso PLC, 155 Franklin […]