8:55 Welcome and Introductions
9:00 From the Private Bar to the Federal Bench: What I Know Now That I Wish I Knew Then
Judge Allison J. Rushing, U.S. Court of Appeals for the Fourth Circuit, Asheville
Sripriya Narasimhan, North Carolina Department of Justice, Raleigh
In March 2019, after spending nearly a decade practicing appellate litigation, the Honorable Allison Jones Rushing moved from the private bar to the federal bench. Despite many years at the height of the practice, the transition to the bench has brought a host of insights that Judge Rushing wishes she had known when she was writing briefs and crafting oral arguments to convince her now-judicial colleagues. In this session, Sripriya Narasimhan interviews Judge Rushing about those insights and other lessons learned over the last two years.
9:30 Break
9:40 Issue Framing
Mark A. Hiller, Robinson Bradshaw & Hinson PA, Raleigh
Timothy P. Lendino, Compass Group North America, Charlotte
How do you turn a dry legal argument into a compelling story that grabs the judge's attention? What does it mean for your argument to have a "theme"? This session focuses on the elusive yet critical skill of issue framing, offering practical guidance. While often referred to in the context of appellate brief writing, issue framing can strengthen your written and oral advocacy in any court, and even outside the courtroom.
10:40 Break
10:50 Cross-Appeals: What, Why, When and How in State and Federal Courts
James W. Doggett, North Carolina Department of Justice, Raleigh
Michelle A. Liguori, Ellis & Winters LLP, Raleigh
Cross-appeals are not everyday affairs in appellate litigation, but when necessary, they can be vital to protecting your clients' interests. In this session, Jim Doggett and Michelle Liguori draw on their significant experience to explain what a cross-appeal is, why you may want or need to file a cross-appeal, and the procedures to be followed for briefing and arguing cross‑appeals under both the North Carolina and federal rules. The state-law portion includes a discussion of cross-appeals in the North Carolina Supreme Court, including dissent-based appeals and cases heard on discretionary review. The presenters also survey data about recent cross-appeals in the North Carolina appellate courts and the Fourth Circuit and discuss a few landmark cross-appeals that highlight the governing rules and pitfalls to avoid.
11:50 Break
12:00 The Lighting of a Fire: Lessons Learned in Supervising Appellate Clinic Students
Sean E. Andrussier, Duke University School of Law, Durham
John J. Korzen, Wake Forest University School of Law, Winston-Salem
It has been said that "education is not the filling of a pail, but the lighting of a fire." In this session, the presenters discuss lessons learned from supervising 3Ls in the appellate clinics they have directed for more than 25 combined years. With advice appropriate for young appellate attorneys, those who supervise young appellate attorneys and everybody in between, they share thoughts on the "lighting of a fire" in appellate counsel.
12:30 Adjourn