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.

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Tag: Judicial Philosophy

Litigation Is Not a Battle, It's an Expedition, Says Justice Lambden

“Are you one of them liberal judges?” someone once asked Justice Lambden. Calling himself a “process judge,” Justice Lambden responded, “Well, if Congress passed a liberal law, I’d enforce it. If it passed a conservative law, then I’d enforce that.” Still, most judges want to get the “right result.”

What does this mean for litigators? Recognizing that most cases really should settle, courts are encouraging more collaborative processes to put cases in a settlement posture. Attorneys should recognize that litigation is an expedition, not a battle.

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