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Standards of Judicial Review of Arbitration-Related Disputes



Katayoun A. Donnelly
Appellate Practice
American Bar Association Litigation Section
Spring 2022, Vol. 41 No. 3



Practitioners should pay close attention to the question of who has the authority to decide whether a party has submitted an issue to arbitration



Standards of Appellate Review of Mixed Questions of Constitutional Law and Fact: Follow the SCOTUS



Katayoun A. Donnelly
Appellate Practice
American Bar Association Litigation Section
Spring 2021, Vol. 40 No. 3



Practitioners can rely on a considerable body of federal and state law to call on state appellate courts to apply a de novo standard of appellate review in cases presenting mixed issues of federal constitutional law and fact.



Mixed Questions of Fact and Law: Deferential or Plenary Review?



Katayoun A. Donnelly
Appellate Practice
American Bar Association Litigation Section
Spring 2020, Vol. 39 No. 3



Don't be put off by the formulaic presentation of the clearly erroneous standard of review of factual findings in the context of mixed questions of law and fact.



Pushing Pause: Interlocutory Appeals under U.S.C. § 1292(b)



Katayoun A. Donnelly
Appellate Practice
American Bar Association Litigation Section
Spring 2019, Vol. 38 No. 3



Appeals during a case are rare but important when a single issue can change the whole outlook.



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