A jury returned a unanimous verdict requiring Shell Pipeline and Alon to pay TVA's clients $40.6 million in benefits-obtained trespass damages.
A jury returned a unanimous verdict requiring Shell Pipeline and Alon to pay TVA's clients $40.6 million in benefits-obtained trespass damages.
TVA's clients bought a 138-acre parcel across the street from Meadows Field airport, a property hoped to be the "window to the city"...
CEB has published my article, “Appeal Filed One Minute Late—Literally One Minute—Dismissed As Untimely,” about an appeal challenge anti-SLAPP fees in McKenna v. Sony Pictures Entertainment, Inc. (D2d5 Feb. 15, 2023 No. B304256) 2023 WL 2007687 (nonpub. opn.). To file the notice of appeal, the attorney logged on to the e-filing system late in the evening of the appellate deadline. Like, really late—at 11:52 p.m.
Owing to a reportedly “slow connection,” the notice of appeal was not file-stamped until 12:00 a.m. That is, the day after the deadline. One minute late.
Last week I presented my talk “Ten Trial Tips from an Appellate Specialist” to the San Francisco Lawyers Network (Feb. 16, 2023).
Here are the tips:
Rule Zero: Make the Record
#1 Make sure your theories of the case are captured in your pleadings
#2 Was key evidence excluded? Preserve the issue by making a proffer.
#3 Keep objecting to evidence if the judge “defers” ruling on your MIL.
#4 Object to Jury Instructions
#5 Review the Verdict for Inconsistences
#6 Request and Object to the Statement of Decision
#7 File a motion for new trial to preserve challenges to the damages amount …and Watch out for JNOVs!
#8 Calculate Appellate Deadlines Correctly
#9 Avoid Common Appellate Briefing Mistakes
#10 Advise your client about important post-judgment issues (Attorney fees and costs; SLAPP fees; Bonds and Stays of Judgment-Enforcement; Post-judgment interest)
Evergreen Tip: Get a Court Reporter!
You may download a PDF of my slideshow by clicking through to the full article.
Thank you to my colleagues who sent me their top tips!
