An Overview of California Appellate Briefs
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
Legal Blog
Janet Gusdorff Published in Advocate Magazine – “Valuing Your Appeal”
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
Understanding California Appellate Courts’ Standards Of Review
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,
Defy the Odds: How to Choose Appellate Arguments
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
Advantages of an Appellate Litigation Specialist
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
When Is Appealing Economically Sound?
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
“Appeal-Proof” Your Non-Economic Damages
The larger the non-economic damages award, the more likely defendant will challenge it. Defendants have an edge on appeal for challenging substantial non-economic damages because the appellate court relies on a “cold” written record of
Can You Expedite Your State Court Appeal?
Civil appeals are notoriously slow; in non-COVID-19 times, we typically estimate 18 months from the filing of the notice of appeal to the disposition in the Second Appellate District of the Court of Appeal (covering
Appellate Perspective: Misconduct During Closing Arguments
What is Misconduct? The line between zealous advocacy and misconduct may be gray and fuzzy, but there are some bright-line examples of misconduct to avoid and also, to object when opposing counsel oversteps: Discussing matters
When Do Defendants Retain Appellate Counsel?
When Do Defendants Retain Appellate Counsel? Hint: It May Be Sooner Than You Think. I was recently retained to appeal an unfortunate grant of summary judgment in a catastrophic injury case. I recognized the defendant’s
3 Appellate Tips for Optimizing Depositions
As an appellate attorney, I see my fair share of depositions, especially when appealing from a grant of summary judgment. This month, I want to share with you three tips to help you optimize the
Appellate Perspective: Verdict Forms
Although often relegated until the end of the trial, crafting a verdict form is among the most important aspects of a trial. This month we include an overview of California’s three verdict formats, when to
