Legal News and Appellate Tips

Each week, TVA appellate attorney Tim Kowal reviews several recent decisions out of the appellate courts in California, and elsewhere, and reports about the ones that might help you get an edge in your cases and appeals.

If you would like to receive weekly updates of the articles posted here, click here to sign up for the newsletter.

Tag: Appellate Practice

Ben Shatz on the California Academy of Appellate Lawyers 50 Years On

When a cadre of appellate nerds began the California Academy of Appellate Lawyers (and Eating and Drinking Association) 50 years ago, the state appellate system was not functioning well.

In this episode of the California Appellate Law Podcast, Ben Shatz talks about the founding of CAAL, which finally provided a place for appellate jurists and practitioners to speak frankly about the problems in the courts, and how to solve them.

And following CAAL’s founding, says Ben, the related flourishing of state and local bar sections and publications devoted to appellate practice ushered in a golden age of appellate practice in California.

Read More
Should You Take a Writ? Anne Grignon on Arbitration Writs & 3 Tips for Your Next Appeal: Cal.App.Law Podcast ep. 19

Appellate attorney Anne Grignon joins Jeff Lewis and me to discuss her recent win in Banc of California v. Superior Court, a writ petition from an order compelling arbitration. Anne discusses when and why to take a writ from nonappealable orders. The attorneys then turn to private judging generally, discussing Justice Segal's recent caution about the industry's potential overuse of that privately compensated judges, and Presiding Justice Kline's similar sentiment that "private judging is an oxymoron" and is "undermining public justice.” Anne then shares three tips for your next appellate brief, before the three discuss some recent cases, including strategies to consider in approaching statements of decision.

Read More
How Does a Client Measure Success? Our Conversation with Outside General Counsel Lee Goldberg

Lee Goldberg joins Jeff Lewis and me for a discussion about his perspective on litigation as outside general counsel for his business clients. Lee shares his three decades of experience using litigators to solve business problems, and offers advice for trial attorneys serving corporate clients. We talk about Lee’s recent video series on LinkedIn (available at his website CalLawyers.com), and what a general counsel looks for when hiring trial and appellate counsel.

Some of Lee's lessons:
•On litigation objectives: " My client is never principle over business. Ever."
•On the most common mistake litigators make: " [When] they think that they have the only answers. Sit back, listen to your client. That is the biggest error that I see."
•On hiring the right litigation team: "Local, smaller, dedicated, smart counsel is what I look for."
•On trial counsel handling appeals: "I will never have my trial lawyers handle my appeals. Ever."
•On success: "The thing that people keep coming back to is success. Understand something, success is perception. Success is not a piece of paper. Success is an emotional feeling that you give to the client that they did the best they could in the situation that they had."

Would love to hear your perspectives.

Listen to the episode here: https://lnkd.in/gsteHnG8

Please subscribe to the California Appellate Law Podcast in your favorite podcast player.

Get a weekly digest of these articles delivered to your inbox by subscribing here: https://lnkd.in/g23bc4Y.

Read More
Can't the Trial Attorney Just Handle the Appeal?

I have a new short video up explaining what an appellate attorney is, and why you should bring an appellate attorney on to your litigation team.

Read More
Appellate Reversal Rate Up, Time to Process Appeals Up, Per Cal. Court Stats Report Some interesting information about California appellate courts from the 2020 Court Statistics Report:

-- The rate of reversal in 2019 was up to 18% in civil cases, from 16% in 2018. -- About 4% of appeals are dismissed. (This should make you think […]

Read More
Updates from the Fourth Appellate District

At the OCBA's Appellate Section event last week, the Presiding Justices from each of the three divisions of the Fourth Appellate District provided some inside baseball on their respective divisions: […]

Read More

Tags

Podcast (101)
Videos (90)
Appealability and Appealable Orders (34)
Legal Writing (26)
Abuse of Discretion (24)
Mischief (22)
Unpublished Opinions (21)
Anti-SLAPP (21)
Splits of Authority (20)
Notices of Appeal (19)
Stays on Appeal (19)
California Supreme Court (19)
Statements of Decision (18)
Waiver and Forfeiture (18)
Record on Appeal (17)
Attorney Fees (16)
Arbitration (16)
Judgment Enforcement (15)
Oral Argument (14)
Dismissals (14)
Sanctions (13)
Dissents (13)
Briefing (12)
Evidentiary Objections (12)
Exclusion of Evidence (12)
Trial Strategy (12)
Preliminary Injunctions (11)
Timeliness (11)
Family Law (11)
Timely and Untimely Appeals (11)
New Trial Motions (11)
Mootness (11)
Collateral Orders (11)
Jurisdiction (11)
Appellate Sanctions (11)
CCP 998 Offers (11)
Civility (10)
Experts (10)
Federal Courts (10)
Motions for Reconsideration (10)
Dismissed Appeals (9)
Writ Petitions (9)
Implied Findings (9)
Posttrial Motions (9)
Summary Judgments and Summary Adjudications (9)
Settlements (8)
Appealability (8)
Trial Procedure (8)
Disqualification (7)
Default Judgments (7)
Ninth Circuit (7)
Probate Appeals (7)
Respondent Arguments (7)
Stipulated Judgments (6)
Admission of Improper Evidence (6)
Appellate Bonds (6)
Ethical Duty of Candor (6)
Substantial Evidence (6)
Appellate Practice (6)
Discovery (6)
Standards of Review (6)
Mediation (6)
Motions to Vacate and Set Aside Judgments (5)
Federal Appeals (5)
Legal Ethics and Professional Responsibility (5)
Depublished Opinions (5)
Summary Judgments (5)
Finding Compelled as a Matter of Law (Failure of Proof) Standard of Review (5)
Trial Irregularities and Structural Errors (5)
Standing (5)
Petitions for Review (5)
Motions to Vacate (4)
Expert Opinions (4)
Trust and Probate (4)
Notices of Entry (4)
Frivolous Motions (4)
Appeals Treated as Writs (4)
Motions in Limine (4)
Excessive Damages (4)
Litigation Tips (4)
Disentitlement Doctrine (4)
Prejudicial Error (3)
Landlord Tenant (3)
Tentative Rulings (3)
Appealable Orders (3)
Frivolous Appeals (3)
Stays (3)
Recovery of Costs (3)
Demurrers (3)
Pretrial Procedure (3)
Appellate Briefing (3)
Summary Judgment (3)
Amicus Briefs (3)
Legal Tech (3)
Personal Jurisdiction (3)
Juror Peremptory Challenges (3)
Motions to Dismiss (3)
Jury Instructions (3)
Jury Waivers (3)
Right to Jury Trial (3)
Judicial Admissions (2)
Contempt (2)
Medical Rights (2)
Pleadings (2)
Judicial Bias (2)
Class Actions (2)
Record Designation (2)
Appeals Dismissed (2)
Premature Appeals (2)
ADA and Unruh Accessibility Actions (2)
Law and Motion (2)
Harmless Error (2)
Podcasts (2)
Pretrial Issues (2)
Stipulated Reversals (2)
PAGA Actions (2)
Alter Ego (2)
Legal Practice (2)
Remote Arguments (2)
Post Reversal Issues (2)
Comments (2)
Finality and Final Orders (2)
Standards of Evidence (2)
Untimeliness (2)
Trial by Reference and Pro Tem Judges (2)
Invited Error (2)
Constitutional Law (2)
Forfeiture and Waiver (2)
Attorney Client Privilege (2)
Waiver (2)
DismissalsAppealability and Appealable Orders (1)
Record (1)
Attorney Fees - CCP 1021.5 (1)
Third Parties and Nonparties (1)
Covid (1)
Settled Statements (1)
Typeface (1)
Attorney Feese (1)
Judicial Estoppel (1)
New Arguments (1)
Writs of Mandamus (CCP 1085) (1)
Clear and Convincing (1)
Family Court (1)
Mistrials (1)
Typography (1)
Attorney Misconduct (1)
Judicial Misconduct (1)
New Trial (1)
Premises Liability (1)
Administrative Law (1)
Clerks Service of File Stamped Judgment (1)
Law of the Case (1)
Out-of-State Litigant (1)
Moot Appeals (1)
Post-Appellate Issues (1)
Split Decisions (1)
U.S. Supreme Court (1)
Bankruptcy (1)
Employment Law (1)
Judicial Notice (1)
Closing Argument (1)
Referral Fees (1)
Trade Restraints (1)
Inconsistent Verdicts (1)
Post Reversal (1)
Benefits Obtained Trespass Damages (1)
Judicial Philosophy (1)
PAGA Attorney Fees (1)
Treble Damages (1)
Designating the Record (1)
Incorrect Decisions (1)
Motions for Judgment on the Pleadings (1)
Unsupported Arguments (1)
Ninth CircuitAbuse of Discretion (1)
Per Se Errors (1)
Trespass (1)
Dicta (1)
Inherent Authority (1)
PostJudgment Litigation (1)
Evidentiary Presumptions (1)
Juror Misconduct (1)
Product Liability (1)
Anecdotes (1)
Common Interest Doctrine (1)
Restraining Orders (1)
Nonsuit (1)
Consenting to Judgments (1)
Forfeiture (1)
Issue Selection on Appeal (1)
Precedent (1)
Waived and Forfeiture (1)
Civil Code 3334 (1)
Nonsuits JNOVs and 631.8 Judgments (1)
Property Rights (1)
Summary Reversal (1)
Local Rules (1)
Petitions for Rehearing (1)
Review as Writ Petition (1)
Motions to Quash (1)
Preclusion (1)
Stare Decisis (1)
Civil Theft (1)
Exhaustion of Remedies (1)
Punitive Damages (1)
Support Awards (1)
Constitutional Litigation (1)
Free Exercise (1)
Landlore Tenant (0)
Appellate (0)
Split of Authority (0)
No categories Legal Writing (0)
Professional Ethics (0)
Petitionf ro Review (0)
Retainer Agreements (0)
Notice of Appeal (0)
crossmenuchevron-down