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: Podcast

The First Virtual Argument in the California Supreme Court

What was it like to give the first virtual oral argument in the California Supreme Court? Orange County Deputy District Attorney Kelly Ernby tells appellate attorneys Jeff Lewis and Tim Kowal what that experience was like.

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
Should You Use ("Cleaned Up") to Clean Up Messy Quotations in Your Legal Brief? No, Answers an Appellate Court Research Attorney

Attorneys, you might have heard about "cleaning up" case quotations in your briefs. When you have a quote with a lot of internal quotations marks and ellipses and unsightly square brackets, several appellate courts — including the US Supreme Court — have used the parenthetical ("cleaned up") following a citation to signal the removal of these unnecessary symbols. But, is it licit for us attorneys to use ("cleaned up") for ourselves?

Absolutely not, says Jeff Calkins, recently-retired senior research attorney with the Fourth District Court of Appeal (Santa Ana). Jeff tells Jeff Lewis and me on the California Appellate Law Podcast that if the court sees attorney turning in any quotations with any material removed from them, the court is going to check it out. So using ("cleaned up") is only going to arouse suspicion, and is not doing the court any favors.

Read More
How a Motion to Strike Changed California Law

Orange County Deputy District Attorney Kelly Ernby won a landmark California Supreme Court decision in Abbott Laboratories v. Superior Court. She tells Jeff Lewis and me that it came about when, surprisingly, the pharmaceutical […]

Read More
Why are CA Appellate Opinions Unpublished Anyway?

"I found the perfect case! The facts are on point, the law is on point...but goddammit it's UNPUBLISHED!" If you are a litigation attorney this undoubtedly has happened to you. But why this confounded Rule of Court 8.1115 against citing unpublished opinions?

Jeff Calkins, recently-retired senior research attorney with the Fourth District Court of Appeal (Santa Ana), explains the reasons to appellate attorneys Jeff Lewis and Tim Kowal on the California Appellate Law Podcast. To the point that making everything citable would be administratively cumbersome, Tim thinks this is a "you problem," and that litigants are entitled to true judicial opinions rather than the equivalent of decisions by private judges.

The three attorneys also discuss how adjustments to stare decisis models (horizontal vs. vertical) might help.

What do you think?

Read More
Oral Argument in the California Supreme Court During Covid: Our Interview With Kelly Ernby

What was it like to give the first virtual oral argument in the California Supreme Court? And how did the Orange County District Attorney's office create a new legal precedent in California that effectively allows local district attorneys to pursue statewide enforcement actions?

Kelly Ernby of the Orange County District Attorney's office tells Jeff Lewis and me about her experience litigating Abbott Laboratories v. Superior Court in the California Supreme Court. The pharmaceutical company, accused of delaying the generic release of a drug to prop up prices, make a strategic miscalculation by raising statewide enforcement via demurrer. While it was not clear statewide remedies were available when the case was filed, it is now. It is an important lesson in being careful what you wish for.

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

Read More
Do Appellate Justices Ever Unpublish Opinions Strategically?

Have you ever read an unpublished opinion and thought the reasoning a little mischievous, a little outcome-driven? Long-time court-watcher Howard Bashman has reported appellate justices have admitted this may be the case sometimes. (See here: https://lnkd.in/gdB-arbK.) But Jeff Calkins, recently-retired senior research attorney with the Fourth District Court of Appeal (Santa Ana), tells Jeff Lewis and me on the California Appellate Law Podcast that it never happened that he saw during his three decades at the Court of Appeal at the Fourth District, Division Three (Santa Ana).

What do you think?

Read More
Why Do California Appellate Judges Go Easier on Trial Courts?

Did you know that California appellate justices are elevated from the trial courts more often than are federal appellate judges? Jeff Calkins, recently-retired senior research attorney with the Fourth District Court of Appeal (Santa Ana), tells Jeff Lewis and me on the California Appellate Law Podcast that this may be why our state appellate courts tend to be more deferential than is the 9th Circuit.

What do you think?

Read More
A Discussion on Why Trial Attorneys Should Know a Good Appellate Attorney, and Legal Marketing: Tim Kowal on the Lawyer Business Advantage Podcast

Attorney business coach Alay Yajnik was kind enough to invite me onto his podcast, the Lawyer Business Advantage, to discuss how an appellate attorney can help trial attorneys win and add value to the services they provide clients, telling clients appreciate hearing why the attorney cares about the case rather than just how much the attorney will cost, and then moving on to a discussion about publishing legal content.

Listen online at Alay Yajnik's podcast website, Lawyer Business Advantage, which also has a nice summary of the conversation.

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

Read More
Does the Court of Appeal Take Note of How Many Extensions Your Opponent Has Sought?

Just because I get this question a lot from clients and other trial attorneys, I put it to Jeff Calkins, recently-retired senior research attorney with the Fourth District Court of Appeal (Santa Ana), who sat down to talk with Jeff Lewis and me on the California Appellate Law Podcast. Does the court give any consideration to the number and length of extensions the parties request?

Answer: an emphatic No. Nope. Never. Not even a little.

Read More
Cultural Differences in the Courts of Appeal

Jeff Calkins, recently-retired senior research attorney with the Fourth District Court of Appeal (Santa Ana), talks to Jeff Lewis and me about the cultural differences among some of the districts. Do the research attorneys talk amongst themselves about the case they are working up? What about the justices? The answer may depend not only on policy but on the architecture of the courthouse: are all the justices and staff attorneys on the same floor, or scattered about?

Read More
Why Not to Wait to File an Appellate Writ

Jeff Calkins, recently-retired senior research attorney with the Court of Appeal, talks to appellate attorneys Jeff Lewis and me about the inner workings of the writ panel at the court. While technically you may have 60 days to file your writ, Jeff explains why your writ is more likely to be denied if it is filed close to the deadline.

Read More
1 2 3 5

Tags

Podcast (52)
Videos (35)
Abuse of Discretion (16)
Notices of Appeal (15)
Waiver and Forfeiture (15)
Appealability and Appealable Orders (14)
Legal Writing (12)
Splits of Authority (10)
Stays on Appeal (10)
Dismissals (9)
Attorney Fees (8)
Sanctions (8)
Motions for Reconsideration (8)
Oral Argument (8)
Appealability (8)
Preliminary Injunctions (7)
Summary Judgments and Summary Adjudications (7)
Ninth Circuit (7)
New Trial Motions (7)
Timeliness (7)
Federal Courts (7)
Arbitration (6)
Anti-SLAPP (6)
Civility (6)
Judgment Enforcement (6)
Unpublished Opinions (6)
Statements of Decision (6)
Evidentiary Objections (6)
Record on Appeal (6)
Respondent Arguments (6)
Briefing (6)
Appellate Sanctions (5)
Disqualification (5)
Family Law (5)
Admission of Improper Evidence (5)
CCP 998 Offers (5)
Posttrial Motions (5)
Dissents (5)
Standards of Review (5)
Discovery (5)
California Supreme Court (5)
Substantial Evidence (5)
Implied Findings (5)
Mootness (5)
Collateral Orders (5)
Experts (5)
Stipulated Judgments (5)
Trial Procedure (5)
Appellate Bonds (4)
Exclusion of Evidence (4)
Notices of Entry (4)
Timely and Untimely Appeals (4)
Appellate Practice (4)
Jurisdiction (4)
Default Judgments (4)
Motions to Vacate and Set Aside Judgments (4)
Ethical Duty of Candor (4)
Trial Strategy (4)
Writ Petitions (4)
Standing (4)
Motions in Limine (4)
Disentitlement Doctrine (4)
Frivolous Motions (3)
Juror Peremptory Challenges (3)
Depublished Opinions (3)
Summary Judgments (3)
Expert Opinions (3)
Summary Judgment (3)
Dismissed Appeals (3)
Appealable Orders (3)
Excessive Damages (3)
Trust and Probate (3)
Appeals Treated as Writs (3)
Stays (3)
Demurrers (3)
Probate Appeals (3)
Judicial Admissions (2)
Legal Ethics and Professional Responsibility (2)
Trial by Reference and Pro Tem Judges (2)
Petitions for Review (2)
Contempt (2)
Attorney Client Privilege (2)
Forfeiture and Waiver (2)
PAGA Actions (2)
Litigation Tips (2)
Recovery of Costs (2)
Standards of Evidence (2)
Jury Waivers (2)
Personal Jurisdiction (2)
Tentative Rulings (2)
Motions to Dismiss (2)
Landlord Tenant (2)
Judicial Bias (2)
Appeals Dismissed (2)
Invited Error (2)
Mediation (2)
Settlements (2)
Waiver (2)
Untimeliness (2)
Legal Practice (2)
Pretrial Procedure (2)
Pretrial Issues (2)
Class Actions (2)
Motions to Vacate (2)
Mischief (2)
Comments (2)
Civil Theft (1)
Treble Damages (1)
Frivolous Appeals (1)
Post-Appellate Issues (1)
Referral Fees (1)
PAGA Attorney Fees (1)
Law and Motion (1)
Issue Selection on Appeal (1)
Remote Arguments (1)
Attorney Feese (1)
Employment Law (1)
Common Interest Doctrine (1)
Premises Liability (1)
Juror Misconduct (1)
Product Liability (1)
Clear and Convincing (1)
ADA and Unruh Accessibility Actions (1)
Clerks Service of File Stamped Judgment (1)
Designating the Record (1)
Trade Restraints (1)
Civil Code 3334 (1)
Benefits Obtained Trespass Damages (1)
Trespass (1)
Property Rights (1)
Inherent Authority (1)
Support Awards (1)
Forfeiture (1)
PostJudgment Litigation (1)
Unsupported Arguments (1)
Petitions for Rehearing (1)
Judicial Notice (1)
Post Reversal (1)
Moot Appeals (1)
Appellate Briefing (1)
Pleadings (1)
Attorney Fees - CCP 1021.5 (1)
Judicial Estoppel (1)
Harmless Error (1)
Prejudicial Error (1)
Record Designation (1)
Typeface (1)
Typography (1)
Jury Instructions (1)
Precedent (1)
New Arguments (1)
Third Parties and Nonparties (1)
Ninth CircuitAbuse of Discretion (1)
Out-of-State Litigant (1)
Family Court (1)
Split Decisions (1)
Inconsistent Verdicts (1)
Punitive Damages (1)
Dicta (1)
Petitionf ro Review (1)
Finality and Final Orders (1)
DismissalsAppealability and Appealable Orders (1)
Motions to Quash (1)
Motions for Judgment on the Pleadings (1)
Federal Appeals (1)
Consenting to Judgments (1)
Alter Ego (1)
Post Reversal Issues (1)
Law of the Case (1)
Record (1)
Bankruptcy (1)
Local Rules (1)
Evidentiary Presumptions (1)
New Trial (1)
Exhaustion of Remedies (1)
Waived and Forfeiture (1)
Per Se Errors (1)
Review as Writ Petition (1)
Amicus Briefs (1)
Incorrect Decisions (1)
Attorney Misconduct (1)
Restraining Orders (1)
Summary Reversal (1)
Judicial Misconduct (1)
Retainer Agreements (0)
Professional Ethics (0)
Appellate (0)
Notice of Appeal (0)
Landlore Tenant (0)
Split of Authority (0)
No categories Legal Writing (0)
crossmenuchevron-down