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CLE Session: Preventing Nightmares: Preserving Issues and Avoiding Waiver at Trial and on Appeal

On November 4, 2010 by Schnader

Nancy Winkelman, co-chair of Schnader Harrison Segal & Lewis LLP’s Litigation Services Department, was a faculty member for “Preventing Nightmares: Preserving Issues and Avoiding Waiver at Trial and on Appeal,” a Pennsylvania Bar Institute continuing legal education course held in Mechanicsburg, Pa. on October 21, Philadelphia, Pa. on October 27, and in Pittsburgh, Pa. on November 4, 2010.  This was the second time Ms. Winkelman participated as a faculty member for this course; she also participated in an earlier version of this session in 2008.

The program – which brought together judges, appellate practitioners, and court personnel – addressed the doctrine of waiver, which can be a challenge for trial and appellate lawyers alike.  From threatening of meritorious defenses waived for want of a pleading, to cases lost for want of a proper objection, and reversible errors affirmed for failure of a sufficient post-trial motion, the doctrine of waiver can leave even the best practitioners confused.  Additionally, in Pennsylvania, waiver also can arise when the appellant has run afoul of Rule 1925(b) or, despite having successfully navigated all the way to the appellate court with the issue afloat, has failed to identify and argue the issue properly in the appellate briefs.  The program reviewed each stage of an appeal from the unique perspective of the doctrine of waiver.