GMSR: Greines, Martin, Stein & Richland LLP

Articles

5900 Wilshire Boulevard, 12th Floor
Los Angeles, California 90036
+1 310 859 7811
Home About Us Attorneys Library Practice News Contact Us Site Map
We regularly share our expertise with the community by publishing articles in legal newspapers and magazines. The following links will lead you to the articles on external websites or in PDF format.
1-50 of 123 Results

Previous  | 1 | 2 | 3 | Show All |  Next

Ruling Provides Guidance on Notices of Appeal
Alana H. Rotter
Los Angeles Daily Journal (April 18, 2014)
Filing a timely notice of appeal is critical: If you miss the deadline, the Court of Appeal will dismiss your appeal without ever considering the merits. In the Daily Journal, Alana Rotter describes how to calculate when a notice of appeal is due, including the rules that service of an order or notice of entry of judgment by mail does not extend the time to appeal from it, and that if the deadline falls on a weekend, it is automatically extended to the next day the court is open.

Creating An Appealable Judgment
Alana H. Rotter
Los Angeles Daily Journal (December 12, 2013)
When a trial court dismisses one cause of action but leaves others intact, the parties have very limited options for immediate appellate review. The Supreme Court has held that the parties cannot create an appealable judgment by dismissing the remaining claims without prejudice while agreeing to toll the statute of limitations so that the claims can be revived after the appeal. In the Daily Journal, Alana Rotter discusses an alternative approach that one Court of Appeal finds acceptable: Dismiss all remaining claims without prejudice and without an agreement to toll the statute of limitations.

Appeals, Writs and Summary Judgment
Alana H. Rotter
Los Angeles Daily Journal (October 22, 2013)
Summary adjudication motions have the potential to dramatically narrow a case before trial, but rulings on the motions are not appealable until the end of the case. In an October 22, 2013 Daily Journal article entitled “Appeals, writs and summary judgment,” Alana Rotter discusses the option of seeking immediate appellate review via a petition for a writ of mandate and the peril of missing the writ petition deadline.

In Practice: 'Kurwa' Shuts a Door to an Early Appeal
Gary J. Wax
The Recorder (October 17, 2013)
When a trial court decides a core issue in a pretrial proceeding but leaves peripheral claims pending, appellate relief is generally unavailable because there is no final judgment. Litigants have tried to create the necessary finality by voluntarily dismissing the peripheral claims without prejudice, while agreeing to preserve the voluntarily-dismissed claims for potential litigation following the appeal (typically by a defense waiver of the statute of limitations). In The Recorder, Gary Wax discusses the recent California Supreme Court case Kurwa v. Kislinger, which made that practice impermissible.

Cutting in Line at the Ninth Circuit
Marc J. Poster
Los Angeles Daily Journal (August 19, 2013)
While state appellate courts do not encourage the filing of writ petitions to obtain immediate review of non-appealable trial court orders, the Ninth Circuit Court of Appeals – the busiest appellate court in the country -- actively discourages such petitions. In an August 19, 2013 Daily Journal article entitled “Cutting in Line at the Ninth Circuit,” Marc Poster discusses the Ninth Circuit’s stringent guidelines for writ petitions and how it implements those guidelines. Litigants and attorneys who repeatedly file petitions ignoring the Court’s guidelines risk the imposition of sanctions.

How Appellate Courts Review Attorney Disqualifications
Alana H. Rotter
Los Angeles Daily Journal (July 9, 2013)
An order disqualifying an attorney is immediately appealable, and the Court of Appeal reviews such orders rigorously. In a July 9, 2013 Daily Journal article, Alana Rotter discusses two recently-published appellate decisions that reverse disqualification orders based on claimed conflicts of interest, highlighting the value of considering an appeal from an adverse ruling in this area.

Case Highlights Importance of Timely Post-trial Motions
Alana H. Rotter
Los Angeles Daily Journal (June 11, 2013)
It's important to correctly calculate the deadline for filing a federal appeal: File late, and the court will dismiss your appeal without ever reaching the merits. In this article, Alana Rotter discusses how post-trial motions impact the deadline calculations, and describes the cautionary tale of Classic Concepts, Ltd. v. Linen Source, Inc., in which the 9th Circuit sua sponte dismissed a fully-briefed appeal as untimely.

Overcoming Writer's Block and Procrastination for Attorneys, Law Students, and Law Professors
Meehan  Rasch
(Co-Author)
New Mexico Law Review (Spring 2013)
43 N. M. L. Rev. 193 (2013)

Your Skills: Between Trial and Appeal, There's a Record
Kent L. RichlandGary J. Wax
The Recorder, Vol. 137, No. 21 (Week of May 27, 2013)
9th Circuit Judges Call for an End to Anti-SLAPP in Federal Court
Alana H. Rotter
Los Angeles Daily Journal (May 9, 2013)
In a Daily Journal article, Alana Rotter discusses anti-SLAPP practice in the Ninth Circuit and why it may come to an end.

Understanding the Procrastination Cycle
Meehan  Rasch
(Co-Author)
The Learning Curve (Winter 2013)

Circuit Clarifies Anti-SLAPP Appeal Rules
Alana H. Rotter
Los Angeles Daily Journal (February 6, 2013)
In a Daily Journal article, Alana Rotter reviews the Ninth Circuit’s rules for appealing the denial of an anti-SLAPP motion.

Protecting the Record for Appeal
Robin Meadow
Los Angeles Lawyer’s Survival Guide for New Attorneys (2011)
Power to disagree: The authority of lower courts in new trial motions
Alana H. Rotter
Los Angeles Daily Journal (September 13, 2011)
In a Daily Journal article, Alana Rotter explains the importance of ensuring that trial courts understand their power to grant a new trial.

A New Public Interest Appellate Model
Meehan  Rasch
11 Journal of Appellate Practice and Process 461 (2011)
Appealability of Anti-SLAPP Orders in California and the 9th Circuit
Alana H. Rotter
Los Angeles Daily Journal (February 15, 2011)
In a Daily Journal article, Alana Rotter discusses the appealability of anti-SLAPP rulings in California and federal courts.

Oral Argument: Is Anyone Listening?
Cynthia E. Tobisman
"Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association)
Vol. III, No. 2 (February 2011)
This is one of a series of e-newsletters authored by the firm for the Los Angeles County Bar Association. You can access all of the articles here.

Have You Filed Your Appeal on Time?
Alana H. Rotter
Los Angeles Daily Journal (January 9, 2011)
In a Daily Journal article, Alana Rotter discusses recent decisions critical to ensuring a timely appeal.

Circuit Split on Free Speech and Drug Prescription Data
Alana H. Rotter
Los Angeles Daily Journal (December 17, 2010)
In a Daily Journal article, Alana Rotter discusses a judicial split on whether new laws regulating health care data violate the First Amendment.

Cable Company Monopoly: Comcast and Time Warner Control the Board
Gary J. Wax
Loyola of Los Angeles Entertainment Law Review
28 Loy. L.A. Ent. L. Rev. 159 (2008)

Opinion Writing and Opinion Readers
Meehan  Rasch
(Co-Author)
31 Cardozo Law Review 1 (2009)

Tipping the Scales
Alana H. Rotter
Los Angeles Daily Journal (July 28, 2009)
Daily Journal article by GMSR lawyer Alana Rotter surveys recent appellate decisions on tip pooling.

Post-Trial: Fatal Lateness - Some Post-Trial Deadlines You Can’t Afford To Flub
Feris M. Greenberger
"Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association)
Vol. 1, No. 15 (May 2009)
This is one of a series of monthly e-newsletters authored by the firm for the Los Angeles County Bar Association. You can access all of the articles here.

Post-Trial: Protecting Superior Court Judgments from Enforcement. Part 2—Stays Pending Appeal
Feris M. Greenberger
"Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association)
Vol. 1, No. 14-B (April 2009)
This is one of a series of monthly e-newsletters authored by the firm for the Los Angeles County Bar Association. You can access all of the articles here.

Post-Trial: Protecting Superior Court Judgments from Enforcement. Part 1—Money Judgments between Entry and Appeal
Feris M. Greenberger
"Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association)
Vol. 1, No. 14-A (March 2009)
This is one of a series of monthly e-newsletters authored by the firm for the Los Angeles County Bar Association. You can access all of the articles here.

Part 2: Getting It Right—Challenging A Statement Of Decision
Robert A. Olson
"Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association)
Vol. 1, No. 14 (February 2009)
This is one of a series of monthly e-newsletters authored by the firm for the Los Angeles County Bar Association. You can access all of the articles here.

A Melting Pot of Rulings
Alana H. Rotter
Los Angeles Daily Journal (January 29, 2009)
Daily Journal article by GMSR lawyer Alana Rotter addresses ineffective assistance of counsel in immigration proceedings.

Part 1: Getting it Right—Obtaining a Statement of Decision
Robert A. Olson
"Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association)
Vol. 1, No. 13 (January 2009)
This is one of a series of monthly e-newsletters authored by the firm for the Los Angeles County Bar Association. You can access all of the articles here.

Down to the Details: Crafting a Special Verdict
Carolyn Oill
"Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association)
Vol. 1, No. 11 (November 2008)
This is one of a series of monthly e-newsletters authored by the firm for the Los Angeles County Bar Association. You can access all of the articles here.

Proceed with Caution: Pitfalls in Preparing Jury Instructions
Alana H. Rotter
"Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association)
Vol. 1, No. 9 (September 2008)
This is one of a series of monthly e-newsletters authored by the firm for the Los Angeles County Bar Association. You can access all of the articles here.

Appendixes, Exhibits, and E-Briefs in the Court of Appeal
Robin Meadow
(Co-Author)
Los Angeles Lawyer (September 2008)

Taking it to the Banc
Marc J. Poster
ABTL Report, Summer 2008
Trial: ARM Yourself with Exhibits
Timothy T. Coates
"Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association)
Vol. 1, No. 8 (July 2008)
This is one of a series of monthly e-newsletters authored by the firm for the Los Angeles County Bar Association. You can access all of the articles here.

Offers of Proof: Avoid Waiving the Right to a New Trial or to an Appeal
Edward L. Xanders
"Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association)
Vol. 1, No. 7 (June 2008)
This is one of a series of monthly e-newsletters authored by the firm for the Los Angeles County Bar Association. You can access all of the articles here.

Taking the Offense
Robert A. Olson
Verdict, 2nd Quarter 2008
Let's Be Clear: Trial Attorneys Need to Establish a Comprehensible Trial Record for Appellate Review
Edward L. Xanders
"Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association)
Vol. 1, No. 6 (May 2008)
This is one of a series of monthly e-newsletters authored by the firm for the Los Angeles County Bar Association. You can access all of the articles here.

Previous  | 1 | 2 | 3 | Show All |  Next
[ News ]