What Form Of Verdict Should You Propose?
Litigators preparing for trial often ask whether they should propose a general verdict or a special verdict. Although there are many strategic considerations, a key one is that special verdicts are more vulnerable to reversal on appeal than general verdicts. Some reasons for that are:
Covering Your Bases On A New Trial Motion
When pursuing a new trial motion in California state court, the substance is important. But procedure is also crucial, to set the stage for preserving a new-trial grant or reversing a denial on appeal. Among the key points: File the notice of intent within the
How To File An Appeal In California
✅ The Notice of Appeal The Notice of Appeal is the document that an aggrieved party files in the trial court to start the appeal process. Filing a notice of appeal notifies the court and the opposing side that an appealable order or final
Three Ways To Make Your Writing More Reader-Friendly
Your writing should make it easy for the judge or research attorney to follow your argument. There are many components to this. Here are three that arise frequently, but may not be obvious: Ellipses. Although ellipses help shorten long quotations, readers naturally wonder what was
Two Sides
In nearly every case, both sides have colorable-to-good arguments. Seeing both sides as objectively as you can, as early as you can, helps you win on appeal. Here is how: First, winning sometimes means settling for a reasonable number—one that compromises between both sides’ best
Movin’ Right Along
When the trial court eliminates key causes of action or evidence, but leaves part of the case intact, parties sometimes dismiss the remaining claims as a way to hasten entry of a final judgment and move along to the Court of Appeal. In attempting to
Should You Answer That Petition for Review?
Lawyers don’t like to leave arguments unanswered. But a petition for California Supreme Court review is a special animal. About 95% are denied, and almost all of those would have been denied even if they’d been left unanswered. Answers are optional, and some Supreme Court
Appearances Matter
At a time of year when holiday decorations and beautifully-wrapped gifts abound, remember that visual presentation also matters in legal briefs, motions, and other filings. Here are some formatting tips to increase readability and convey your message with maximum impact: Use frequent headings and subheadings.
Making Good Briefs Great
GMSR edits draft briefs every day—our own and co-counsel’s. We base our edits on experience with what works, including input from judges and court staff attorneys on writing habits they appreciate or bemoan. Here are four key changes that help make good briefs great: Eliminate
The Jury’s In
Jury trials are ramping up after a long hiatus. With jury trials come jury instructions, a common basis for appellate reversal. To preserve instructional error arguments (in case you lose at trial), and to minimize the risk of reversal (in the hope that you win
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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