In this episode, Douglas Lang and Booker T. Shaw are joined by Adrienne Clair to unpack core appellate litigation strategies with a focus on administrative law and federal appeals. Drawing on their years of experience as appellate judges and attorneys, the team dives into the nuances of agency actions and enforcement proceedings, specifically referencing the recent Supreme Court case, Nuclear Regulatory Commission v. Texas.

The conversation highlights error preservation as a critical appellate strategy, emphasizing how failing to raise certain arguments or seek additional review can bar parties from Supreme Court advocacy later on. The NRC case serves as a cautionary tale for both federal and state appeals, illustrating why litigants in administrative litigation must scrupulously follow procedural rules—especially when challenging agency actions.

Key Topics Discussed:

• Appellate strategy for federal agency actions, with a case study of NRC v. Texas
• Importance of error preservation in administrative litigation and appellate reviews
• Navigating enforcement proceedings and issues of standing in federal appeals
• How to protect client rights before administrative agencies and in administrative appeals
• Procedural pitfalls and missed opportunities highlighted by Supreme Court advocacy
• Key differences between federal appeals, state appeals, and administrative law proceedings
• Preview of future episodes addressing jury instructions, error preservation, and class action appeals

In this episode, Douglas Lang and Booker T. Shaw are joined by Katie Kraft, partner and co-chair of Thompson Coburn's U.S. Supreme Court practice. The discussion centers on the crucial concept of preserving error in the trial court to ensure that issues can be reviewed on appeal. Using the recent Fifth Circuit case, Clapper v. American Realty Investors, Inc., they unravel the importance of making timely and specific objections at trial, the distinction between waiver and forfeiture of rights, and the rare circumstances under which appellate courts may address unpreserved errors.

The panel analyzes the dramatic facts of Clapper, where egregious conduct and improper arguments by defense counsel during closing statements became central to the appeal. They examine why preservation matters not only at the appellate level but also for Supreme Court consideration, and outline the correct steps for lawyers: making precise objections, seeking appropriate corrective measures (such as mistrials), and demonstrating substantive harm when necessary.

To find out more about Thompson Coburn, visit: https://www.thompsoncoburn.com/

Welcome to Appealing Strategies, the podcast that equips trial and appellate lawyers with actionable tips to help them succeed on appeal. Hosted by Douglas Lang and Booker T. Shaw—both retired appellate judges and seasoned attorneys at Thompson Coburn—this episode brings together a powerhouse panel of legal minds: Cheryl Kelly, Barry Fischer, and Kenyen R. Brown.

They dive into the ongoing controversies surrounding the Corporate Transparency Act (CTA), exploring its origins, implications, and the wave of litigation challenging its constitutionality. You’ll hear about why the CTA was enacted, what it requires from corporations and their beneficial owners, and the sheer scale of entities impacted. The conversation unpacks the key legal arguments from recent high-profile cases, the use of nationwide injunctions, and the complexities of jurisdiction and standing for plaintiffs.

To find out find out more about Thompson Coburn, visit: https://www.thompsoncoburn.com/