LexMonitor

Are you persuaded by your appellate briefs?

One of the dangers of being a writer is falling in love with your own words.  Attorneys who write their own briefs are no exception.  You have to be willing to sacrifice your “babies” for the sake of a polished product.  At times, I have finished a brief and felt so convinced of my...

Pet owners have remedies if their beloved pets are hurt

We really love our pets!  Sometimes they are not even considered “pets,” but we may refer them to our children or babies.   Do you think cave people could have envisioned the evolution of the relationship between man and animal?   The First Appellate District, Division One, obviously...

The fight against Proposition 8 continues!

I just received word that U.S. District Court Judge James Ware denied a motion to vacate by the Yes on [Proposition] 8 folks, attacking U.S. District Judge Vaughn Walker’s failure to recuse himself from hearing the Proposition 8 case because he is gay and in a long-term relationship with...

In re Marriage of Greenberg: Another frivolous appeal

If there is anything that gives an appellate lawyer pleasure, it is to have a published case, especially when the lawyer is on the winning side.  Publication means the lawyer’s name will go down in the history books, and if the decision helps shape the law, the lawyer can be proud of being a...

A few odds and ends.

A few people have asked about when my new book, An Appeal to Reason: 204 Strategic Tools to Help You Win Your Appeal at Trial, is coming out.  Well, after much blood, sweat, and tears, the book is now being sent off to the printer and with much luck (and maybe a few prayers), it [...]

A few lessons from a family law appellate case

Family law is truly a battleground.  The emotions are running high and all of the problems in a relationship are often played out in the legal arena.  And if kids are involved, it can be a very sad situation, and sometimes, a real tragedy.  In a recent case, In re Marriage of Davenport, 2011...

Appellate attorney kicks the V.A.’s butt in 9th Circuit Court of Appeals

Today I picked up the L.A. Times and read the following headline, “Judges slam VA’s mental health care.”  Underneath that headline was the following, “Court orders overhaul of handling of PTSD, other ailments, citing a rate of 18 suicides a day for  returning vets.” ...

I recently attended a conference, On Federal and State Appeals, sponsored by the State Bar’s Litigation Section and the Committee on Appellate Courts.   The panels were asked about common problems in appeals. Since these problems also involve trial work at the superior court level, I thought...

Appellate issues regarding punitive damage awards

I like to give credit where it is due.  As I have mentioned in the past, I enjoy reading the blog posts at www.calpunitives.com.  The authors at Horvitz & Levy help educate me on the subject to punitive damages – for which I am grateful, especially since I have been known to handle...

Continuances in Motions for Summary Judgment

I don’t want to sound like a broken record – as I have recently covered requesting continuances in motions for summary judgment – but I picked up a few useful nuggets in Christoffersen v. Soka University, Case No. G042935.  This is an unpublished case so it can’t be...