Clients who lose in the Court of Appeal often ask about pursuing review in the California Supreme Court. The Court grants just a small fraction of the petitions for review that it receives each year. Here are some factors to consider in assessing the likelihood
Orders denying petitions to compel arbitration have long been, and remain, immediately appealable. The California Supreme Court held long ago that such appeals automatically stay trial court proceedings. And the United States Supreme Court recently held that such a stay applies in federal courts as
Before the Computer Age, writers were instructed to type two spaces after every period. The reason was to create a visual break so that it would be easier to see the beginning of each new sentence. Many attorneys who learned to follow the two-space rule
The author of a brief must be both storyteller and teacher. Judges read hundreds of briefs each year. Capturing their interest and making principles clear and memorable is critical to persuasion. If your brief covers multiple, disparate legal issues, do not bog down your statement
California judgments are enforceable upon entry. True, posting a bond can stay enforcement of money judgments during an appeal. But what about during the post-judgment motion phase, before an appeal is filed? And what about clients who need time to get a bond in place?
There are some points that only a photograph or other image can effectively convey, and others that a photo or image conveys far more powerfully than words can. While appellate briefs should not routinely contain pictures (and almost never more than one or two), counsel
During a complex trial, there often aren’t enough hours in the day for litigators to accomplish every task. To help alleviate your burden, consider including a lawyer with appellate expertise (sometimes called “legal issues counsel”) on your team. Whether you win or lose at trial,
In most appeals, the best practice is to deemphasize direct criticism of the trial court judge. That is more difficult—and perhaps the opposite of what you should do—when arguing that the judge should be disqualified for cause. How should you approach disqualification issues? Have an eye on appellate review at the brainstorming stage. Time is
Every lawyer confronts the problem: a helpful decision that’s “not officially published.” What to do? The answer depends on which court issued the decision, and when. Assuming (as ASIC always does) that you’re briefing to a California state court, here are the rules, and the
The convoluted process for obtaining a statement of decision after a bench trial frequently trips up litigators. This is a missed opportunity. Mastering the nuances of the process can help maximize your chance of success on appeal. Here are some key points: The Court of
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.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
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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