Appellate Insights

Jun 10, 2016 Laurie J. Hepler
An End to Automatic Depublication

Under current rules, the California Supreme Court’s decision to review a published appellate opinion automatically “depublishes” that opinion while review is pending — making it non-citable. This approach causes problems.  It eliminates useful discussions of un-reviewed issues.  And when the reviewable conflict among districts arises

May 13, 2016 Alana H. Rotter
Handling Bad Law

When drafting an opening brief on appeal, it can be tempting to avoid adverse authority — and on a first read, the brief might appear stronger that way. That’s wishful thinking. As Seventh Circuit Judge Richard Posner has observed, “The ostrich is a noble animal,

Apr 21, 2016 Laurie J. Hepler
Is This Appealable?

Each April and October, ASIC brings you a selection of the orders that litigants may win or lose – requiring both sides to know each other’s options for review. These answers apply 95% of the time in California state courts, but every major interlocutory order

Apr 05, 2016 Laurie J. Hepler
Resolve to Say Less

Commit to succinctness. Swear off at least the top 10% of any court’s word-limit for a brief – and more would be better. Remember, that limit is the maximum the court will accept; not the length the court wants to see. Here’s a chorus to

Mar 17, 2016 Laurie J. Hepler
A Grand Transition

Can anyone remember a time when an appellate judgeship has so dominated the news? It’s easy to see why: the stakes are nothing less than the ideological balance of the highest American court for at least the next generation. In an election year, no less.

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