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Appellate and Complex Litigation Blog

Our Appellate Team assists on complex litigation and appeals that originate within the firm, as well as referrals from outside the firm. Follow our blog for the latest news in Appellate and Complex Litigation.

Appellate and Complex Litigation Blog
February 26, 2024

Lawyerless Appellant Takes a Bad Trip in Missouri: AI Hallucinations Result in $10,000 Sanction for Frivolous Appeal

Earlier this month, Judge Kurt Odenwald on behalf of the Missouri Court of Appeals, Eastern District penned Missouri’s first appellate dismissal and award of sanctions for a brief that cited bogus cases generated by artificial intelligence—a phenomenon commonly referred to as “Artificial Intelligence Hallucinations.” Kruse v. Karlen, Case No. ED111172 (Mo. App. E.D. Feb 13, 2024). Below we discuss what happened in the case, how it illustrates the remarkable limitations of AI, and the risk of trying to work inside the legal system without a lawyer.

Appellate and Complex Litigation Blog
December 15, 2023

The Risk of Conceding Issues for Purposes of Appeal: Seventh Circuit Finds Waiver

In Bradley v. Village of University Park, 2023 WL 1488351 (7th Cir. Feb. 3, 2023), the Seventh Circuit found that the defendants waived an issue by conceding it in a prior appeal. In so finding, the court clarified the difference between conceding an issue for purposes of an appeal and waiving the issue outright so that it could not be disputed on remand. 

Appellate and Complex Litigation Blog
June 6, 2023

To File or Not to File Post-Trial Motions

The importance of following the rules and requirements related to appeals—though daunting and often confusing for attorneys who do not focus in this area—is something appellate practitioners frequently discuss with each other. One of those requirements involves preserving errors for review. In most cases, before you can accuse a trial court of committing an error, you must give that court an opportunity to correct the error. An appellate court nearly always will reject an attempt to “sandbag” the trial court.