The Collateral-Order Doctrine: A Narrow Path to Early Review
Under California’s “one final judgment” rule, an aggrieved party generally can’t file an appeal until the trial court has resolved every claim and cross-claim between that party and the opponent. An important exception to that rule is the collateral-order doctrine, which permits an early appeal
Post-Judgment Motions During An Appeal?
An appeal divests the trial court of jurisdiction to take certain actions regarding the appealed judgment. There are many nuances in applying this rule. Here’s an overview of how a pending appeal affects the trial court’s power to rule on post-judgment motions: New trial motion. The
Striking the Right Tone
In appeals, selecting the right tone is as essential as selecting appellate issues. It is a given that every appellate brief must be calm and respectful. But persuading the court of appeal also depends on matching the tone of your brief to the needs of your case. Some
Citing Trial Court Decisions
Free reporting services have flooded the Internet with trial court orders, and Westlaw has also provided much easier access to them in recent years. This has led lawyers to cite them in briefs far more often. But in California appeals, that’s usually a mistake. Orders
Don’t Back-Burner The Jury Instructions
Busy litigation teams often defer drafting jury instructions until the eve of trial, or sometimes even mid-trial. But preparing an internal set of draft instructions on your main claims or defenses at the beginning of a case has significant benefits as the case progresses. Among
Appealing Too Soon
Appeals as-of-right are statutory and subject to strict timing constraints in California. Most lawyers know the fatal consequence of waiting too long to notice an appeal. But it’s also possible to notice an appeal too early – causing practical problems that are serious, even though
Winning On Appeal Begins With The Record
Before you write the first word in your appellant’s opening brief, there’s a crucial phase in every appeal that you cannot bypass: mastering the trial record. For young appellate lawyers especially, beginning to review the record can feel like diving into a legal abyss—thousands of
Writing So That Your Brief Is Actually Read
Your legal brief should not only be engaging but should also be painless for judges and their clerks to digest. Here are some practical tips to make the court’s job easier. Brevity and word choice matter. If you can convey your point in fewer words,
How To Handle First-Impression Issues
Although California case law has resolved many recurring legal issues, plenty remain to be decided. Here are some strategies for effectively briefing those “issues of first impression”: Be honest about the lack of on-point precedent – don’t portray existing decisions as resolving issues they did
No Mindreading In Briefs
It can be tempting to write that the other side’s brief “conveniently ignores” a point, or “tries to distract the court,” or “engages in sleight of hand, hoping the court will ignore ….” Resist the impulse. Judges have been saying for years that such accusations
Who We Serve
Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.
GMSR represents insurers on appeal effectively and efficiently. We also collaborate with our clients and trial counsel on strategy for coverage, contribution and bad faith litigation before appeals begin.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.
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