Is This Injunction Stayed?
The general rule of thumb is that an appeal automatically stays a “mandatory” injunction, but not a “prohibitory” injunction. But the distinction between mandatory and prohibitory injunctions isn’t always clear. What makes an injunction “mandatory,” and thus stayed? Here are three core principles from our
Back to Basics
Lawyers who’ve been living with a case, especially in an area of their specialty, are deeply immersed in the relevant law. But don’t assume that’s true of the court—judges tend to be generalists, given the wide array of cases on their dockets. To maximize persuasiveness,
Batting Practice
Oral argument brings some predictable questions—and some that the briefing lawyer wouldn’t easily think of. Diligent solo preparation can cover most of the predictable ground. But arguing counsel needs the insights of lawyers or client representatives who didn’t work on the briefs, to prepare for
A Picture Is Worth A Thousand Words
Legal briefs make for dense reading. Images, charts, and other visual displays can help alleviate that density, conveying key information succinctly and effectively. Some things to consider: Images or charts can be inserted directly into the body of a brief, in place of – or
You Gotta Have Standards
Appellate courts examine every issue through a lens—the “standard of review”—that deeply affects the analysis of whether prejudicial error occurred. Briefs must do so too. The most lenient standard, “substantial evidence” review, applies to claims of error in fact-finding, because judges and juries are closest
Should I Answer That?
Upon receiving a writ petition seeking interlocutory appellate review, the real party in interest must make a strategic decision: whether to file a preliminary opposition, or wait to see if the Court of Appeal will summarily deny the petition on its own. Here are some
A Paradigm Shift
Moving from trial court litigation to appeal, especially after a loss, requires a serious mental shift. To evaluate prospects for success, clients and trial counsel should focus on how appeals differ from the crucible they’ve just been through. First, appellate courts assume the trial court
What Are Friends For?
Amicus curiae (“friend of the court”) briefs are an ever-expanding dimension of appellate practice. Here are some pointers to consider in soliciting or writing them: Amicus briefs can serve various functions, from providing factual/industry context to raising legal arguments that the parties missed. They should
The Whole Map
California’s appellate courts influence the law elsewhere. Our courts often develop precedent on issues before other states do, and other states may consider those precedents persuasive. So for corporate clients, appellate strategy should consider long-term interests in all states where the client operates. Does the
Hot Off The Press
Appellate courts often will refuse to consider an authority mentioned for the first time at oral argument. But there is generally a gap of 3-18 months between the close of appellate briefing and argument. If a relevant new decision is issued during that gap, consider
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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