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: Pretrial Issues

Ten Trial Tips That Appellate Specialists Want You to Know

You trial attorneys have a job to do. That job is to win the trial. And you can’t always do that and win the appeal at the same time. So you can’t pick a fight on every point. But, you had better fight the ones that turn the case.

And, you had better make a record on it.

On this episode of the California Appellate Law Podcast, reprising Tim’s recent CLE presentation, we cover 10 tips that appellate attorneys want every trial attorney to know:

πŸ’‘ The rule that contains all appellate rules: Make the Record.

πŸ‘‰#1 Make sure your theories of the case are captured in your pleadings

πŸ‘‰#2 Was key evidence excluded? Preserve the issue by making a proffer.

πŸ‘‰#3 Keep objecting to evidence if the judge β€œdefers” ruling on your MIL.

πŸ‘‰#4 Object to Jury Instructions

πŸ‘‰#5 Review the Verdict for Inconsistences

πŸ‘‰#6 Request and Object to the Statement of Decision

πŸ‘‰#7 File a motion for new trial to preserve challenges to the damages amount …and Watch out for JNOVs!

πŸ‘‰#8 Calculate Appellate Deadlines Correctly

πŸ‘‰#9 Avoid Common Appellate Briefing Mistakes

πŸ‘‰#10 Advise your client about important post-judgment issues (Attorney fees and costs; SLAPP fees; Bonds and Stays of Judgment-Enforcement; Post-judgment interest)

πŸ’‘ Evergreen Tip: Get a Court Reporter!

Read More
Appellate Tips Involving Waiver, Arbitration, and Satan: California Appellate Law Podcast Episode 11

In episode 11 of the California Appellate Law Podcast, TVA appellate attorney Tim Kowal discusses some recent cases with co-host Jeff Lewis in which state and federal appellate courts have found waivers and other errors made by attorneys and parties in the trial court. Like reading a high school yearbook, appellate decisions often capture attorneys making themselves unintentionally conspicuous.
Some of the cases discussed involving "bad yearbook photos" include waiving the right to arbitration by failing to reference it in CMC statements; waiving issues by failing to include them in pretrial statements, trial motions, and posttrial motions; and failing to preserve evidentiary objections.

Read More
Even the Devil Gets Ensnared in Appellate Procedure: Satanic Temple's Arguments Held Waived on Appeal

The Satanic Temple, miffed it was not selected to give the invocation at the local city council meeting, sued the City of Scottsdale for discrimination. The plaintiffs tried the case on an as-applied discrimination theory, and when they lost, moved for new findings under a facial discrimination theory.

Held: The new theory was waived because it was not raised in the pretrial statement. And it was not raised in the opening brief, either. The reviewing court will not be the Devil's advocate, either figuratively or literally.
The Satanic Temple's excerpts of record were also stricken because they failed to comply with the rules.

Read More

Tags

Podcast (129)
Videos (110)
Appealability and Appealable Orders (40)
Legal Writing (29)
Anti-SLAPP (29)
Oral Argument (26)
Mischief (25)
Statements of Decision (25)
Abuse of Discretion (24)
Splits of Authority (23)
Record on Appeal (23)
Waiver and Forfeiture (22)
Timely and Untimely Appeals (22)
Unpublished Opinions (22)
Stays on Appeal (22)
Notices of Appeal (21)
California Supreme Court (21)
Judgment Enforcement (20)
Arbitration (19)
Attorney Fees (18)
Briefing (18)
Sanctions (16)
Trial Strategy (16)
Dismissals (15)
Evidentiary Objections (14)
Writ Petitions (13)
Summary Judgments and Summary Adjudications (13)
Dissents (13)
Collateral Orders (13)
Appellate Sanctions (13)
Preliminary Injunctions (13)
Mootness (12)
Civility (12)
Timeliness (12)
Exclusion of Evidence (12)
Dismissed Appeals (12)
Jurisdiction (12)
New Trial Motions (12)
Posttrial Motions (11)
Experts (11)
Family Law (11)
Trial Procedure (11)
CCP 998 Offers (11)
Federal Courts (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)
Appealability (8)
Settlements (8)
Discovery (7)
Ninth Circuit (7)
Stipulated Judgments (7)
Finding Compelled as a Matter of Law (Failure of Proof) Standard of Review (7)
Pretrial Procedure (7)
Probate Appeals (7)
Appellate Bonds (7)
Default Judgments (7)
Appellate Practice (7)
Trial Irregularities and Structural Errors (7)
Federal Appeals (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)
Demurrers (5)
Right to Jury Trial (5)
Motions to Vacate and Set Aside Judgments (5)
Notices of Entry (5)
Legal Ethics and Professional Responsibility (5)
Appealable Orders (4)
Stipulated Reversals (4)
Jury Instructions (4)
Appeals Treated as Writs (4)
Motions in Limine (4)
Motions to Dismiss (4)
Expert Opinions (4)
Frivolous Motions (4)
Motions to Vacate (4)
Prejudicial Error (4)
Tentative Rulings (4)
Pretrial Issues (3)
Legal Tech (3)
Juror Peremptory Challenges (3)
Class Actions (3)
Writs of Mandamus (CCP 1085) (3)
Forfeiture and Waiver (3)
Personal Jurisdiction (3)
Standards of Evidence (3)
Jury Waivers (3)
Summary Judgment (3)
Landlord Tenant (3)
Frivolous Appeals (3)
Amicus Briefs (3)
Law and Motion (3)
Stays (3)
Tentative Opinions and Focus Letters (3)
Constitutional Law (3)
Legal Practice (3)
Recovery of Costs (3)
Attorney Client Privilege (2)
Civil Theft (2)
Invited Error (2)
Appeals Dismissed (2)
Contempt (2)
Remote Arguments (2)
Post Reversal Issues (2)
ADA and Unruh Accessibility Actions (2)
Court Reporters (2)
Clear and Convincing (2)
Persuasion (2)
Judicial Admissions (2)
U.S. Supreme Court (2)
Judicial Bias (2)
Alter Ego (2)
Medical Rights (2)
Stare Decisis (2)
Harmless Error (2)
Trial by Reference and Pro Tem Judges (2)
Untimeliness (2)
Comments (2)
Pleadings (2)
Record Designation (2)
Mistrials (2)
New Trial (2)
Premature Appeals (2)
Podcasts (2)
Waiver (2)
Finality and Final Orders (2)
PAGA Actions (2)
Inherent Authority (1)
Post-Appellate Issues (1)
Split Decisions (1)
Trial Tips (1)
Evidentiary Presumptions (1)
Juror Misconduct (1)
Constitutional Litigation (1)
PAGA Attorney Fees (1)
Referral Fees (1)
Third Parties and Nonparties (1)
Motions for Judgment on the Pleadings (1)
Post Reversal (1)
Split of Authority (1)
Ninth CircuitAbuse of Discretion (1)
Forfeiture (1)
Per Se Errors (1)
Attorney Fees - CCP 1021.5 (1)
Issue Selection on Appeal (1)
Typeface (1)
Attorney Feese (1)
DismissalsAppealability and Appealable Orders (1)
PostJudgment Litigation (1)
Typography (1)
Administrative Law (1)
Exhaustion of Remedies (1)
Nonsuit (1)
Product Liability (1)
Covid (1)
Free Exercise (1)
Local Rules (1)
Restraining Orders (1)
Trade Restraints (1)
Attorney Misconduct (1)
Clerks Service of File Stamped Judgment (1)
Nonsuits JNOVs and 631.8 Judgments (1)
Cross-Appeals (1)
Treble Damages (1)
Bankruptcy (1)
Motions to Quash (1)
Precedent (1)
Closing Argument (1)
Notice of Appeal (1)
Property Rights (1)
Petitions for Rehearing (1)
Review as Writ Petition (1)
Trespass (1)
Benefits Obtained Trespass Damages (1)
Judicial Estoppel (1)
Preclusion (1)
Unsupported Arguments (1)
Family Court (1)
Punitive Damages (1)
Summary Reversal (1)
Memorandum Opinions (1)
Employment Law (1)
Judicial Misconduct (1)
State Civil Procedure Comparison Project (1)
Anecdotes (1)
Law of the Case (1)
Record (1)
Summary Reversals (1)
Erie Problems (1)
Judicial Notice (1)
New Arguments (1)
Common Interest Doctrine (1)
Support Awards (1)
Designating the Record (1)
Inconsistent Verdicts (1)
Settled Statements (1)
Judicial Philosophy (1)
Waived and Forfeiture (1)
Consenting to Judgments (1)
Legal News (1)
Out-of-State Litigant (1)
Art of Persuasion (1)
Dicta (1)
Incorrect Decisions (1)
Moot Appeals (1)
Civil Code 3334 (1)
Premises Liability (1)
No categories Legal Writing (0)
Appellate (0)
Professional Ethics (0)
Petitionf ro Review (0)
Retainer Agreements (0)
Landlore Tenant (0)
crossmenuchevron-down