How Long Now?
Appeal to California’s intermediate court takes a long time. This affects everything from the interest that will accrue on a money judgment (10% per year in our state) to the parties’ practical ability to ride out the process. Here’s a snapshot from FY 2016-17 (the
Inside The Jury Room
Juror misconduct can be a basis for winning a new trial, but teeing the issue up correctly can be tricky. Here are some of the key points: Juror misconduct is one of the few issues that must be raised in a new trial motion. The
Halt!
Some judgments are automatically stayed pending appeal, but many are not. If your client is facing an adverse judgment, it’s important to know which category the judgment falls into and what additional steps might be necessary to prevent enforcement while the appeal proceeds. The default
Is This Appealable?
Time again for ASIC’s semi-regular quiz on orders that might be appealable (or not). If you’re ever in the slightest doubt on this front, research it closely or consult a specialist. Even one day past an appeal deadline means irremediable loss of jurisdiction in the
Attorneys Behaving Badly
Should you object to opposing counsel’s improper statements during closing argument? This is a strategic decision based on multiple factors. But remember one important consideration: preserving the misconduct issue for appeal. The Court of Appeal will not consider a claim of closing argument misconduct unless
Relax, It’s Preserved
August is supposed to bring some vacation time. So for a change, how about a list of trial errors that you can argue on appeal with no objection in the record? Yes, all of the following errors (and more, but don’t get complacent!) are preserved
Count Every Vote
The moment the clerk announces the jury’s verdict can provide a rush of elation or profound disappointment. Remind yourself in advance that, amidst the emotion, there is one thing that must be handled immediately if your client loses: polling the jury. Polling the jury has
Briefs In The Wild
It’s always been true that appeals can make common law, so that litigants must vet their arguments with that prospect in mind. But in the era of Big Data, consider also that appeals leave an electronic “trail”—with briefs routinely uploaded to Westlaw, often posted on
Last Chance
Lawyers who’ve just lost a jury trial often ask whether they need to file a new trial motion before appealing. The answer is case-specific, but there are a few arguments that should almost always be raised via a new trial motion if the record supports
Finish Strong
Every appellate opinion must have a “disposition,” in which the court formally resolves the appeal. Sometimes the disposition is a final judgment for one side, whether affirming or reversing the judgment below. But many times, the court directs further proceedings on remand to the trial
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.
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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