Understand the Mandate Rule to Avoid Snatching Defeat from the Jaws of Victory

March 31, 2014

When the appellant wins an appeal, the opinion often ends with two words that sound like music to the victor’s ears: “REVERSED and REMANDED.” But while the vast bulk of the parties’ work aims (understandably) toward the first of those two words, few trial or appellate practitioners devote enough attention to the second. The appellant may know precisely how the district court erred and exactly why it should be reversed, but unless the attorney representing the appellant has given thought to the shape and scope of the possible proceedings on remand, he or she runs the risk of leaving the client worse off than if no appeal had been filed at all.

Read More...

About Davis Graham & Stubbs LLP

Davis Graham & Stubbs LLP, one of the Rocky Mountain region’s preeminent law firms, serves clients nationally and internationally, with a strong focus on corporate finance and governance, mergers and acquisitions, natural resources, environmental law, real estate, and complex litigation. Our lawyers have extensive experience working with companies in the energy, mining, technology, hospitality, private equity, manufacturing, asset management, and aviation industries. As the exclusive member firm in Colorado for Lex Mundi, the world’s leading network of independent law firms, DGS has access to in-depth experience in 100+ countries worldwide.