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: Constitutional Litigation

Explaining the Vaccine Mandate Lawsuits, with Medical Rights Attorney Rick Jaffe

In this timely episode of the California Appellate Law Podcast, health care litigator Rick Jaffe joins Jeff Lewis and me to discuss the maelstrom of lawsuits challenging vaccine mandates in state and federal trial courts and appellate courts throughout the nation.

Rick’s practice focuses on cutting-edge medical and legal issues across the country, and he is the author of *Galileo’s Lawyer*, a book telling the stories of medical mavericks and giving an insider’s view on high-profile and controversial medical cases.

We discuss why medical-rights litigation is different from other types of litigation. Rick then explains the three basic types of vaccine lawsuits that the courts are facing in late 2021 and early 2022: (1) challenges to the federal agency and police power; (2) religious conscience challenges; and (3) challenges to the state police power.

Read More

Tags

Podcast (127)
Videos (109)
Appealability and Appealable Orders (40)
Legal Writing (29)
Anti-SLAPP (29)
Oral Argument (25)
Abuse of Discretion (24)
Mischief (24)
Splits of Authority (23)
Statements of Decision (23)
Record on Appeal (23)
Timely and Untimely Appeals (22)
Unpublished Opinions (22)
Waiver and Forfeiture (22)
Notices of Appeal (21)
California Supreme Court (21)
Stays on Appeal (21)
Judgment Enforcement (20)
Arbitration (19)
Attorney Fees (18)
Briefing (18)
Trial Strategy (16)
Dismissals (15)
Sanctions (15)
Evidentiary Objections (14)
Writ Petitions (13)
Summary Judgments and Summary Adjudications (13)
Dissents (13)
Collateral Orders (13)
Appellate Sanctions (13)
Timeliness (12)
Civility (12)
Exclusion of Evidence (12)
Dismissed Appeals (12)
Preliminary Injunctions (12)
New Trial Motions (12)
Jurisdiction (12)
Posttrial Motions (11)
Experts (11)
Family Law (11)
Trial Procedure (11)
CCP 998 Offers (11)
Federal Courts (11)
Mootness (11)
Motions for Reconsideration (10)
Standards of Review (10)
Implied Findings (10)
Admission of Improper Evidence (9)
Appellate Briefing (9)
Respondent Arguments (8)
Disqualification (8)
Settlements (8)
Appealability (8)
Discovery (7)
Pretrial Procedure (7)
Finding Compelled as a Matter of Law (Failure of Proof) Standard of Review (7)
Probate Appeals (7)
Appellate Bonds (7)
Default Judgments (7)
Appellate Practice (7)
Trial Irregularities and Structural Errors (7)
Federal Appeals (7)
Ninth Circuit (7)
Stipulated Judgments (7)
Disentitlement Doctrine (6)
Substantial Evidence (6)
Litigation Tips (6)
Mediation (6)
Petitions for Review (6)
Depublished Opinions (6)
Ethical Duty of Candor (6)
Trust and Probate (5)
Excessive Damages (5)
Summary Judgments (5)
Standing (5)
Right to Jury Trial (5)
Motions to Vacate and Set Aside Judgments (5)
Notices of Entry (5)
Demurrers (5)
Legal Ethics and Professional Responsibility (5)
Stipulated Reversals (4)
Appealable Orders (4)
Motions in Limine (4)
Jury Instructions (4)
Appeals Treated as Writs (4)
Motions to Dismiss (4)
Expert Opinions (4)
Motions to Vacate (4)
Frivolous Motions (4)
Prejudicial Error (4)
Tentative Rulings (4)
Juror Peremptory Challenges (3)
Writs of Mandamus (CCP 1085) (3)
Personal Jurisdiction (3)
Standards of Evidence (3)
Class Actions (3)
Summary Judgment (3)
Forfeiture and Waiver (3)
Jury Waivers (3)
Landlord Tenant (3)
Frivolous Appeals (3)
Amicus Briefs (3)
Law and Motion (3)
Stays (3)
Legal Practice (3)
Recovery of Costs (3)
Pretrial Issues (3)
Constitutional Law (3)
Legal Tech (3)
Attorney Client Privilege (2)
Civil Theft (2)
Remote Arguments (2)
Invited Error (2)
Post Reversal Issues (2)
Appeals Dismissed (2)
Contempt (2)
ADA and Unruh Accessibility Actions (2)
Court Reporters (2)
Persuasion (2)
Clear and Convincing (2)
Judicial Admissions (2)
Medical Rights (2)
Judicial Bias (2)
Stare Decisis (2)
Alter Ego (2)
Trial by Reference and Pro Tem Judges (2)
Untimeliness (2)
Harmless Error (2)
Pleadings (2)
Comments (2)
Record Designation (2)
Mistrials (2)
New Trial (2)
Premature Appeals (2)
Tentative Opinions and Focus Letters (2)
Podcasts (2)
Waiver (2)
PAGA Actions (2)
Finality and Final Orders (2)
Inherent Authority (1)
Motions for Judgment on the Pleadings (1)
Post Reversal (1)
Split of Authority (1)
Evidentiary Presumptions (1)
Juror Misconduct (1)
Ninth CircuitAbuse of Discretion (1)
Constitutional Litigation (1)
Per Se Errors (1)
Typeface (1)
Forfeiture (1)
Attorney Fees - CCP 1021.5 (1)
Issue Selection on Appeal (1)
PostJudgment Litigation (1)
Typography (1)
Nonsuit (1)
Product Liability (1)
Local Rules (1)
Restraining Orders (1)
Trade Restraints (1)
Attorney Feese (1)
DismissalsAppealability and Appealable Orders (1)
U.S. Supreme Court (1)
Administrative Law (1)
Exhaustion of Remedies (1)
Nonsuits JNOVs and 631.8 Judgments (1)
Covid (1)
Free Exercise (1)
Treble Damages (1)
Attorney Misconduct (1)
Motions to Quash (1)
Precedent (1)
Clerks Service of File Stamped Judgment (1)
Notice of Appeal (1)
Property Rights (1)
Cross-Appeals (1)
Petitions for Rehearing (1)
Review as Writ Petition (1)
Trespass (1)
Bankruptcy (1)
Preclusion (1)
Unsupported Arguments (1)
Closing Argument (1)
Punitive Damages (1)
Summary Reversal (1)
Memorandum Opinions (1)
Benefits Obtained Trespass Damages (1)
Judicial Estoppel (1)
State Civil Procedure Comparison Project (1)
Family Court (1)
Record (1)
Summary Reversals (1)
Employment Law (1)
Judicial Misconduct (1)
New Arguments (1)
Anecdotes (1)
Law of the Case (1)
Support Awards (1)
Settled Statements (1)
Erie Problems (1)
Judicial Notice (1)
Waived and Forfeiture (1)
Common Interest Doctrine (1)
Out-of-State Litigant (1)
Designating the Record (1)
Inconsistent Verdicts (1)
Moot Appeals (1)
Judicial Philosophy (1)
Premises Liability (1)
Consenting to Judgments (1)
Art of Persuasion (1)
Dicta (1)
Incorrect Decisions (1)
Post-Appellate Issues (1)
Split Decisions (1)
Trial Tips (1)
Civil Code 3334 (1)
PAGA Attorney Fees (1)
Referral Fees (1)
Third Parties and Nonparties (1)
No categories Legal Writing (0)
Professional Ethics (0)
Appellate (0)
Petitionf ro Review (0)
Retainer Agreements (0)
Landlore Tenant (0)
crossmenuchevron-down