If you spend time reviewing California Court of Appeal decisions, you’ll notice that some are published in official reporters, whereas others are unpublished. This important distinction may be missed because both published and unpublished opinions
Finality is a word that means something different to each party in an appellate case. It can mean permanent relief for the prevailing party or the start of the next phase for the losing party.
Preparing an appeal sometimes starts before the trial is over. In fact, some of the most effective appeals are developed while the trial is progressing. Our law practice consists not only of appellate litigation but
California appellate courts will generally not review issues that were not properly preserved at the trial level. But what does it mean to “preserve” an issue, and why does it matter? More importantly, what will
For some litigators, jury instructions are more of an afterthought than a central part of trial strategy. But, they can be critical for appeal. Jury instructions tend to be rife with error precisely because trial
Since appellate justices were not present at the original trial, they need a reliable record of those proceedings to consider along with the briefs. Preparing (or designating) an official record for appellate review in the
Written briefs are the single most important part of an appeal in the California courts. Oral arguments, if you have them in your case, are typically brief. The appellate judges will rely largely on what’s
Consumer Attorneys Association of Los Angeles’s magazine, ‘Advocate’, just published a new article written by Janet Gusdorff. Titled “Valuing Your Appeal – A Formulaic Way of Deciding When Outsourcing the Appeal to Appellate Counsel Makes
Litigants sometimes make the mistake of viewing civil appeals as simply another bite at the apple: a new trial. But appeals are not opportunities to relitigate cases simply because the outcome was unfavorable. In fact,
What Are My Odds of Winning? This is the most common question I receive from trial attorneys seeking to challenge an adverse ruling or finding themselves lamentably responding to defendant’s appeal. The answer depends largely
Litigants often wonder why they should hire separate appellate counsel. Trial counsel may be tempted to handle the appeal because of their familiarity with the facts of the case. Why bother? The expertise required to
Have you ever wished for a formula to help you determine when it makes financial sense to appeal an adverse judgment? If so, you’ll definitely want to check out my upcoming article in the December
