When an insurer is posting an appeal bond involving a judgment in excess of their policy limits, the natural concern is how to cap their exposure to their policy limits and not become jointly and severally liable for the entire judgment. In this article we will take a look at some of those situations and […]
Navigating Insurer Policy Limits When Securing Appeal Bonds Read More »
In the course of providing appeal bonds, we occasionally encounter situations where appellants only provide a bond to cover part of the judgment amount. Most state and federal statutes require at a minimum the full judgment plus costs and interest to be bonded, but there are exceptions, and we will outline those that we’ve dealt
When Are Partial Appeal Bonds Allowed? Read More »
Never have appeal bonds been highlighted in the news as much as they were earlier this year when Donald Trump went through the process to obtain one in his New York civil fraud case. We were not involved in obtaining the $175 million bond on Mr. Trump’s behalf, but during the process we were contacted
What We Can Learn from Donald Trump’s Appeal Bond Read More »
In the spirit of the Zen proverb that says, “It takes a wise person to learn from their mistakes, but an even wiser person to learn from others.”, we decided to write an article highlighting some of the most common mistakes we see people make in the appeal bond process. Waiting too long to start
The Biggest Mistakes Made with Appeal Bonds Read More »
For civil defense attorneys, “bond” is a four-letter word in more ways than one when it comes to appeals, because appeal bonds only come into play when something didn’t go right at the trial level. That being said, when the court gets something wrong and an appeal is necessary, it’s extremely important to stay enforcement
A Defense Attorney’s Guide to Appeal Bonds Read More »
When appealing a money judgment, one of the critical steps that needs to be taken early on is deciding how to stay the judgment from being enforced by the prevailing party. Otherwise, the prospective appellant’s assets may be handed over before they even get the chance to have their appeal heard. In the worst instances
Protecting your Client’s Assets on Appeal Read More »
A few years ago, I received a call from an appellant who was appealing a roughly $1 million judgment. The appellant wanted to get an appeal bond to stay enforcement of the judgment while they appealed, and they got little to no information from their attorney other than they needed to “go get a bond.”
Repetition Pays Off with Stays and Appeal Bonds Read More »
Posted: July 19th, 2023 What does the collapse of banks like Silicon Valley Bank and First Republic Bank have to do with appeal bonds? A lot actually and in this article we will highlight the key points attorneys and their clients should be aware of to help navigate the current environment. Tighter Bank Credit When
How the Recent Bank Turmoil Impacts Appeal Bonds Read More »
While supersedeas bonds are by far the most common form of security used by appellants to stay enforcement of a judgment, there are a limited number of jurisdictions that allow letters of credit from banks as an alternative form of security. If you happen to have a client with a judgment in one of those
Pros and Cons of Using a Letter of Credit to Stay Enforcement of a Judgment Read More »
When appellants don’t timely stay enforcement of a judgment, it can lead to severe consequences. In this article, we aim to educate attorneys on the most common reasons for delays in procuring an appeal bond as security for the stay by citing specific examples, because as Charlie Munger from Berkshire Hathaway once said, “A problem
Avoiding Unexpected Delays in the Appeal Bond Process Read More »
